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Allegations of Sexual Abuse
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The doctor heads into the New
Plymouth court yesterday on the first day of a High Court trial against him.
He faces multiple sex charges against patients, all of which he has denied. The trial of a New Plymouth doctor
accused of sexual assaults against patients started yesterday, with the selection
of an impartial jury the first challenge for the court. Because the High Court trial
involves a high-profile doctor,12 complainants and 37 Crown witnesses, the
chance of potential jurors knowing any of those involved was high. In one of the New Plymouth court's
largest call for jurors, 2000 people were initially balloted for jury
service. Yesterday, about 200 of them
squeezed into a New Plymouth courtroom, where it took all morning to choose
the six men and six women who will sit on the jury. The doctor has been charged with
37 counts of sexual offending against 12 women patients during medical
consultations. The alleged offending spans about
two decades from 1981 to 2002. He has denied all the charges. Yesterday, the doctor, flanked by two
wardens, stared straight ahead with his hands clasped in front of him as he
stood in the dock while the charges – 33 indecent assaults, three charges of
sexual violation and one of indecent assault against a girl aged between 12
and 16 – were put to him by the High Court registrar. Strict suppression orders prevent
the doctor's identity being revealed, and that will remain in place for the
duration of the trial. The trial, being held before Justice Priestley, is set
down for four weeks. In her opening address, Crown
prosecutor Cherie Clarke told the jury that during the trial they would hear
from each of the 12 complainants. She says there are a number of
similarities about what the complainants allege the accused did to them. Many of them will describe
removing all their clothing in front of the doctor for an examination and
having to lie naked in front of him without any cover, Ms Clarke says. "Another three women will
tell of the accused pushing his erect penis against their bodies," Ms
Clarke said. Other complainants would describe
the doctor inappropriately touching their genitals, carrying out unnecessary
breast examinations, not using gloves during internal examinations, not
asking if they wanted a nurse present, having their nipples rubbed and being
asked intimate questions about their sex lives, Ms Clarke said. She told the jury what happened
fell outside the parameters of a medical examination, and an expert medical
witness would prove that. The doctor's defence counsel,
Auckland QC Harry Waalkens, told the jury his client had never indecently
assaulted or sexually violated any female patients. "He has never assaulted these
women as the Crown alleges," Mr Waalkens said. He told the jury there were four
main issues they needed to consider – was there any medical justification for
what happened, any misinterpretation of what happened, reliability of the
accounts and the length of time it took for the complainants to come forward.
The doctor has continued to
practise since the investigation began about two years ago. However, bail
conditions meant he was not allowed to carry out intimate examinations and a
chaperone had to be present when he was with women or children patients. Today, the first of the Crown's 37
witnesses will take the stand. ---------------
CAPTION: The
doctor heads into the New Plymouth court yesterday on the first day of a High
Court trial against him. He faces multiple sex charges against patients, all
of which he has denied. Photo:
MIKE SCOTT The
doctor's defence team, Auckland QC Harry Waalkens and New Plymouth lawyer
Susan Hughes, leaving the New Plymouth court yesterday. Lawyers
for the Crown, Justin Marinovich and Cherie Clarke, outside the New Plymouth
courthouse. Photos:
MIKE SCOTT |
