Allegations of Sexual Abuse in NZ


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


Index 2.    Trial: Prosecution

 




Taranaki Daily News
September 20 2006

Witness a 'drama queen', says ex
by Sharon Marris

The High Court at New Plymouth yesterday heard from a former receptionist of the New Plymouth doctor accused of 37 sexual assault charges.

The woman was the doctor's part-time receptionist from September 1992 until January 2004.

The Crown witness recalled seeing one of the complainants after a consultation where the doctor is alleged to have touched her breast.

"She did not seem to act or be her normal self," she said. "She was (usually) a very vital, outgoing and bubbly sort of person . . . but she was very subdued."

The woman explained appointment booking and arrival procedures at a clinic she described as quite busy.

Under cross-examination from defence counsel Susan Hughes, she said a nurse at the surgery was encouraged to train to perform cervical smears as soon as the law allowed her to.

"He is very kind and accommodating, hard-working and I have got an affection for him," the woman said of the doctor.

The doctor has denied the charges made by 12 women dating from 1981 to 2002.

Earlier, the court heard from the ex-husband of a complainant who gave evidence on Monday and who returned to the doctor another 48 times after her alleged incident.

When his then-wife told him about it, he took it with a grain of salt, the Crown witness said.

"I said if she wasn't happy with (the doctor), she should change doctors."

The man agreed his ex-wife was "a bit of a drama queen" and liked going to health people.

When asked by Ms Hughes for his opinion, he replied: "As long as I didn't have to go, I didn't care."

The doctor had taken care of him for many years and still treated his elderly mother, the man said. Ms Hughes asked if he had been pleased with that care.

"Yes – but he charges like a wounded bull," the man said.

"You should try lawyers," Ms Hughes replied.

For most of the day, however, the microscope was on a complainant who laid five charges – four of indecent assault and one of digital penetration.

Now 55, the woman consulted the doctor between 1995 and 2002.

Three of her complaints related to breast examinations, one to a lung examination and another to a smear test.

She told the court that, on one occasion, she was made to lift her top before the doctor put his hands on her breasts and moved them in a circular motion.

"I just rolled my eyes and thought, `let me out of here'," she said. "I don't think he would have found a lump if there had been one there."

Subsequent breast examinations from other doctors were different, she said.

Under cross-examination from Harry Waalkens, QC, the woman denied she had mentioned sternum pain.

"You were confused, not really knowing what he was doing."

The woman said she was confused because she could not imagine the doctor finding a lump if there was one.

Mr Waalkens put it to the woman that she had no difficulty making complaints or standing up for her rights.

She had made an unfair dismissal complaint against an employer and also complained in 2000 about the treatment she received from another doctor. At none of these times did she complain about the accused.

The Crown case is expected to conclude tomorrow, with the defence case opening on Monday.