Allegations of Sexual Abuse in NZ


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


Index 2.    Trial: Prosecution

 




Taranaki Daily News
September 14 2006

Woman complained about doctor
by Jayne Hulbert

A girl wrote a letter of complaint to the Medical Council just hours after she had a consultation with the New Plymouth doctor on trial for sexual offending.

Now 39, the woman was giving evidence on the third day of a High Court jury trial in New Plymouth yesterday.

She is one of 12 complainants, all former patients of the doctor, who allege he sexually assaulted them during medical consultations between 1981 and 2002. He denies the 37 charges he faces.

The woman told the court she wrote the letter as a 17-year-old after visiting the doctor in 1984 because she thought she was pregnant. She alleges that during the consultation the doctor examined her in a sexual way and pushed his erect penis against her.

"I wrote it (the letter) that night," the woman told defence lawyer Harry Waalkens, QC, during his cross-examination yesterday.

Mr Waalkens put to the woman that while she wrote the letter, she left out a number of the details she now alleges.

He said she failed to tell the council about a previous consultation with the doctor, during which she had a breast examination that she said made her feel "yucky".

"The truthful position is that the first time you made a complaint about these matters was when you were interviewed by police in April 2003, about 20 years later," Mr Waalkens said.

The woman told Mr Waalkens that she did not tell the council about the breast examination because she thought they would wonder why she went back to the doctor.

He also questioned why she did not tell the council that she believed the doctor had an erection while he examined her.

"I think because I was embarrassed . . . and thought `did I do something wrong to make him get an erection?'," the tearful woman said.

"I suggest this penis business is fanciful," Mr Waalkens said.

A Medical Council investigation was conducted, but no action was taken against the doctor.

A second complainant, who took the stand yesterday, told the jury she had seen the doctor four times as an 18-year-old for recurring thrush and a urinary tract infection.

On each occasion, the doctor told her to strip naked and climb on to the examination table, while he watched, she said.

Responding to questions from Crown prosecutor Cherie Clarke, the woman said the doctor would roll her nipples between his fingers and thumb for five to 10 minutes. "He asked me how it felt. I said I did not feel anything."

She said he asked her questions about her sex life, if she enjoyed sex and what positions she and her partner had sex in, but she didn't respond.

She said on each visit the doctor would also rub her genitals with his ungloved hand and push his erect penis into the side of her body.

The woman described seeing his erection forcing against his trousers.

The doctor asked her if she was getting close to orgasm as he did this, she said.

She said on the fourth visit to the doctor he became more forceful and frustrated that she would not respond to his questions.

"He became quite, almost angry and told me that I was not normal and that I was frigid. I was shocked."

Ms Clarke asked the woman what the examinations felt like and she replied that if felt like the doctor was attempting to masturbate her.

No samples were taken during any of the examinations, the woman said.

"I felt stupid, I felt humiliated and terribly ashamed. I knew what he had done was wrong, but I just felt so powerless and doctors were so respected and I didn't think anyone would believe me," the woman said when asked why she returned to the doctor.

The woman will be cross-examined by the defence when the trial continues today.