Allegations of Sexual Abuse in NZ


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


Index 2.    Trial: Prosecution

 




Taranaki Daily News
September 15 2006

Procedure felt wrong, woman says

by Jayne Hulbert

A woman who went to a doctor for back pain and depression as a teenager told the High Court at New Plymouth yesterday the doctor touched her breasts and watched her do exercises semi-naked.

The woman, now 44, is one of 12 complainants to give evidence in the High Court jury trial of a New Plymouth doctor facing multiple charges of sexual assault.

All former patients, the women allege the offending took place during medical consultations between 1981 and 2002. The doctor, who has name suppression, denies the 37 charges he faces.

In court yesterday, the woman told Crown prosecutor Cherie Clarke she saw the doctor over a three-year period from when she was 18.

She said the first time she saw him, in 1981, he asked her to take off her top, but to leave her bra on.

He then instructed her to do a series of back exercises, while he watched her from behind.

"I felt OK about that, I thought it was all quite normal," the woman told Ms Clarke.

But she said that, on later appointments, he asked her to take off her bra and skirt or trousers while he watched. No nurse was present.

"I didn't feel that comfortable with it."

She said she was left dressed in just her underpants as he asked her to complete some back exercises.

The complainant also alleges on other occasions the doctor rolled her nipples between his thumb and fingers.

"I could not understand what it had to do with my back problem, and it felt wrong."

The woman also said she had some issues with the anti-depressant medication he had prescribed her and she had asked the doctor about lowering the dose.

"He said that if I did not want his help then to not come back.

"I didn't say anything because I think he was cross with me, he sounded angry."

She said during an appointment, when she was being weighed, the doctor bent down to read the scales and as he stood up he rubbed his ear against her naked breast and nipple "in slow motion".

At the time she pulled away and said "don't", she said.

On a later visit the woman said she felt the doctor's erect penis pressing against her after he completed a vaginal examination.

When asked by Ms Clarke why she continued to see the doctor, the woman said she felt trapped.

"And I needed the anti-depressants and the painkillers, and I did not know who else I was going to get them from."

During cross-examination by defence counsel Susan Hughes, the court heard how the woman had suffered from a range of mental health issues for some time, including hallucinations that someone was touching her.

"That is a problem that you have had for a long time," Ms Hughes said.

"Hallucinations that people are doing things to you . . . hear things or smell things that are not there."

"Correct," replied the woman.

Ms Hughes questioned the woman's evidence that during most of her appointments there was no one else at the surgery.

"On some of the appointments there were other people there, but not on the bad ones," the woman said.

Ms Hughes also doubted the accuracy of the complainant's memory of events.

The trial continues today.