Allegations of Sexual Abuse in NZ


Dr Hiran Fernando (N.P. Doctor) - Index


Index 2.    Trial: Prosecution

 




Taranaki Daily News
September 13 2006

Former patients tell of touching
by Jayne Hulbert

Two women yesterday described the fear and violation they felt during consultations they had with the New Plymouth doctor on trial for multiple sex offences.

Both women were in their teens when they visited the doctor in the early 1980s.

While giving evidence separately in the High Court at New Plymouth on the second day of the trial yesterday, the women both described to the jury how the doctor had stroked their breasts and touched their genitals in a way that made them feel uncomfortable.

One of the women said she felt violated, while the other described feeling scared.

The women are among 12 complainants, all former patients of the doctor, who will give evidence during the four week trial.

The doctor has been charged with 37 counts of sexual assaults, spanning about 20 years, against the 12 women.

The doctor, who cannot be identified, has denied all the charges.

The first woman to appear told the jury there were two occasions when she visited the doctor and felt uncomfortable.

Both consultations were a result of having vaginal thrush when she was 17.

During questioning by Crown prosecutor Justin Marinovich, the woman said on both visits the doctor asked her to remove all her clothes while he remained in the room. She then lay on the examination table without a cover.

On her second consultation, a check-up to see if medicine the doctor had prescribed for her had worked, he pulled her close to him after she had undressed but was still standing, she said.

The woman said he then pushed against her breast, talked about giving her a breast examination and told her to lie down.

She told Mr Marinovich the doctor "groped and squeezed" her breasts with his right hand and touched her genitals with his left hand.

"It was not a comfortable feeling. He started asking me questions, one of the first ones was, was I sexually active? Then he paused, still looking at my face. I kept looking away because I was uncomfortable, but I would look back when he asked me questions," the woman said.

She said he then asked her whether she experienced orgasms and for how long.

The woman told the court the internal examination was painful and she was sore for some time afterwards.

Defence counsel Harry Waalkens QC said the complainant's medical notes showed a cervical smear was performed, yet she had no recollection of it taking place.

Mr Waalkens asked the woman why she did not immediately tell her family about what had happened or change doctors.

He put to her that all the jury had to rely on was her memory of events.

"Can I again suggest to you that you were very confused about what happened in these consultations. Can I suggest that what has happened, you have played over in your mind in the 20 or so years since it's happened," Mr Waalkens said.

The second complainant visited the accused doctor as a 17-year-old in 1984 when she thought she was pregnant.

During questioning by Crown prosecutor Cherie Clarke, the complainant said that while she brought a urine sample with her, it was not until the end of the consultation the doctor told her it was negative and she was not pregnant.

"He asked me questions about why I thought I was pregnant and he said he wanted to do some examinations and to take my top and bra off because he wanted to do a breast examination," she said.

The woman lay on the examination table and said that while she had had a breast examination before from another doctor, this time was different.

"He used soft strokes on my breasts in no particular direction and he used his thumb and forefinger to rub my nipples."

While this was happening she could feel his erect penis against her arm.

Later during the consultation the doctor asked her to remove all her clothing and he touched her genitals in a way she was not comfortable with.

"I was thinking so many things. I felt very exposed and I wanted to get the hell out of there and I was immobilised, I was lying there and allowing this to happen . . . in my head I was screaming."

She told the court the doctor then got her to stand and again touched her genitals, at the same time she could feel his erection on her side.

It was the woman's second visit to the doctor, she had seen him as a 15-year-old when she was pregnant and had started to bleed.

On that occasion he also gave her a breast examination and an internal examination. She said that visit had left her feeling "yucky and scared".

The woman said she had buried the first visit in the back of her mind.

"I had been raised to respect doctors and you don't question them."

The woman will be cross-examined by Mr Waalkens today.