Allegations of Sexual Abuse in NZ


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


Index 2.    Trial: Prosecution

 




Taranaki Daily News
September 19 2006

Family friend: Doctor touched my breast
by Jayne Hulbert

A woman who was a close friend of the New Plymouth doctor on trial for sexual offending says he touched her breast while giving her acupuncture for a sore hand.

She told the High Court at New Plymouth yesterday that she had socialised with the doctor and his family many times and so asked him if he could help her with a repetitive strain injury to her hand. He suggested acupuncture.

The woman (47) says she went to the doctor's house in 1999 to have the procedure.

During questions from Crown prosecutor Justin Marinovich, the woman said she was shown to a room where she removed her top, un-hooked her bra and lay face down on a bed. The doctor then put the acupuncture needles in her upper back, neck, arm and hand.

The woman says the doctor left the needles in for 10 to 15 minutes and then returned to remove them, at the same time massaging the area where the needles had been.

"He was massaging my shoulders and my back and I became aware that I could feel his hand going under my body and I could feel his hand touching my breast and touching my nipple," she said.

The woman said he rolled her nipple between his fingers.

"I was feeling shocked and incredulous really. He was someone that I thought I knew well and previously respected, I just could not believe that someone like him could do something like that."

The woman is one of 12 complainants giving evidence in the trial, now in its second week.

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

The woman gave evidence that she confided in a friend later that day when he noticed she was upset.

She decided to have another appointment with the doctor at his surgery to confirm what he had done to her.

The woman alleges during her second appointment for acupuncture the doctor again touched her breast, but she moved her arm so he could not continue and he then removed his hand.

This time she felt angry, she said.

During cross-examination defence counsel Susan Hughes asked, if she was sure the doctor had sexually assaulted her, why would she return?

The woman said she wanted to see if he would do it again, which would be absolute confirmation.

Ms Hughes asked the woman why she turned down the offer of a chaperone during that visit.

"My motivation in going back was to see if he was going to do anything again."

Another complainant giving evidence yesterday said she saw the doctor for treatment for thrush in 1986.

She told Crown prosecutor Cherie Clarke that during an internal examination the doctor's actions stimulated her.

"I was disgusted at that point. I told him to stop straight away."

She said no samples were taken that day.

The woman told Ms Clarke she did continue to see the doctor for a number of years afterwards because family members believed he was a good doctor.

"I was very naive back then and I continued to stay with him. I changed doctors when I found out I was pregnant."

During cross-examination Ms Hughes said the woman's medical notes showed that she returned to the doctor on another 48 occasions.

"You did see him about intimate matters. You have sought his guidance and help on a number of things that have happened in your life."

The trial, which is likely to take four weeks, continues today