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Allegations of Sexual
Abuse in NZ |
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The on-going name suppression of a
doctor accused of multiple sex offences was argued in the High Court at New
Plymouth yesterday. Lawyers for the Taranaki Daily
News and the Crown submitted that the public had the right to know the
identity of the New Plymouth doctor. However, the doctor's lawyer,
Auckland QC Harry Waalkens, argued the harm to the doctor's practice,
patients and family needed to be considered. For now, the suppression order
remains in place, with Justice Hansen reserving his decision yesterday. The doctor has been charged with
35 counts of sexual offending against 10 women patients during medical
consultations. Most of the alleged offending happened in the 1980s and 1990s.
He has denied all the charges. The doctor has had name suppression
since he first came before the courts 18 months ago. While the doctor continues to
practice he cannot carry out intimate examinations, except in an emergency,
and a chaperone has to be present when he has women or child patients. He is
also required to tell patients that he is the doctor facing charges, if they
ask him. Crown prosecutor Cherie Clarke
said following early media reports that a New Plymouth doctor was facing
charges, other complainants came forward. "It was that very limited
publication of the case that has allowed these people to come forward. It
does follow that if publication of the accused's name was allowed, there
would be other complainants that would come forward." She said following media reports
the police also fielded calls from people concerned it was their doctor. Ms Clarke said the doctor had been
committed to trial and there were 10 complainants all saying similar things. "Patients have the right to
know, when going to him for anything, that he is doctor being charged." It was also important the courts
were careful not to create a special echelon of people in the case of name
suppression, she said. The lawyer for the Taranaki Daily
News, Patrick Mooney, said there was public interest in the case and the
media had a role to play in the right to freedom of expression. "It's my submission, in cases
involving medical professionals in conflict of their own ethics, that the
public interest will be intense and in seeking to address that heightened
interest we seek to name the person," Mr Mooney said. Mr Waalkens said the doctor would
be rigorously defending his innocence. "There is an inevitable
stigma with these allegations and the harm to him can have an effect on his
practice," Mr Waalkens said. He said the Medical Council
website provided details of any conditions or restrictions placed on doctors.
"If there were any patients
who were nervous about their doctor, they can look at that." In cross-examination, Mr Mooney
said if that was the case, the doctor's name was already in the public arena
and that would support publication. Justice Hansen said he would give
his decision in due course. The name suppression issue was one
of a number of legal matters heard during yesterday's pre-trial in the High
Court at New Plymouth. However, another hearing to
consider more legal points will go ahead in May. It is likely the doctor's trial
will not happen until the second half of the year. |
