Allegations of Sexual Abuse in NZ


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


Index 2.    Trial: Prosecution

 




Taranaki Daily News
September 16 2006

Twins witnesses in doctor sex case
by Sharon Marris

The first of two twins testifying in the case against a New Plymouth doctor told the High Court at New Plymouth that a newspaper article about the case prompted her to call police last year.

She also told how she phoned her twin about the experience that same day.

Under cross-examination from Harry Waalkens QC, the complainant (41) admitted sharing a very close relationship with her twin sister, who is also a complainant in the case.

"I did not persuade her to do anything," the woman said, when asked how much it had been discussed.

"She decided of her own accord.

"We haven't really talked about the really intimate parts. All she had said to me was that she had had an uncomfortable thing too."

The woman is one of 12 complainants giving evidence in the trial, expected to last another three weeks.

The doctor, who has name suppression, denies the 37 sexual assault charges he faces dating from 1981 to 2002.

The complainant told the court her religious upbringing meant that she regarded professionals very highly.

"They were just one step down from God really," she told Crown prosecutor Cherie Clarke. "I trusted (the doctor) and held him in high regard. I had no reason not to."

That was until the doctor allegedly massaged her breasts during a pregnancy consultation.

"He said his reason was to check and see if my breasts were all right for breastfeeding," she said, demonstrating how the accused rolled her nipples between his thumb and forefinger.

"I don't recall saying anything. I just felt hugely embarrassed and put my head down and waited for him to finish.

"I trusted him and I was naive," the woman said when asked why she did not change doctors straight away or tell someone. "I just put the thought in the back of my mind."

Under cross-examination, the complainant said she had also visited the doctor a number of times after the incident, including for a sore throat in 1994.

"If you truly believed (he) had violated you, you'd have gone and seen another doctor for your sore throat," Mr Waalkens said.

Another complainant told the court that she had also visited the doctor during her pregnancy, with her husband on all but one occasion. The woman, now 41, told the court she was worried about having eaten shellfish during her pregnancy after extensive media coverage of lysteria in 1997.

She was also told her breasts needed to be examined to check her ability to breastfeed.

"I was surprised, but I'd never been pregnant before, so I said OK," she told the court. After the doctor touched her nipples, he told her she would have to toughen them up if she wanted to breastfeed – with a nail brush.

"I was gobsmacked," she said.

Under cross-examination by Susan Hughes, the woman agreed medical records showed her husband was with her for only one of her consultations.

During the consultation for shellfish concerns, she had been rated by the doctor as a 12 on a scale that rates anxiety, 12 and over being very anxious.

Earlier yesterday, Ms Hughes cross-examined the complainant who, during Thursday's evidence, admitted to having hallucinations.

"Quite often, it's just a hand on my shoulder and sometimes it's like someone pulling the bed covers off me when I'm asleep."

She also talked of seeing cars coming towards her in her lane while she was driving. "Within a couple of seconds, the blink of an eye, it's gone.

"I . . . felt him doing the things he did and with a couple of blinks it had not stopped and he was still doing them."

The Crown case is expected to conclude late next week.