Allegations of Sexual Abuse in NZ


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


Index 2.    Trial: Prosecution

 




Taranaki Daily News
September 21 2006

Woman tells court of doctor's 'smirk'
by Jayne Hulbert

A woman told the High Court at New Plymouth yesterday that the doctor on trial for sex offending looked like a naughty schoolboy during a consultation she had with him.

The woman was giving evidence on the eighth day of the trial and was one of the last three of the 12 complainants to be called in the case yesterday.

She told Crown prosecutor Justin Marinovich she went to the doctor in 1983 because she thought she was pregnant and the doctor gave her an internal examination.

The woman said that rather than a medical examination, she believed what he did was sexual.

"I knew that was not part of any medical examination and I sat up. His pupils were dilated and he had a funny smirking smile on his face, like he was getting off on it," she said.

However, the woman said his expression changed when he saw her looking at him.

"It changed from that of excitement to a caught-out naughty schoolboy."

She told Mr Marinovich she felt confused because she had respected the doctor, but he was touching her in the way her boyfriend at the time did.

Defence counsel Harry Waalkens put to the woman during cross-examination that part of the reason she believed something was wrong was the look on the doctor's face, something she may have misunderstood.

The complainant said the doctor's expression was excitement, and it was a look she would never forget.

The doctor has denied the 37 charges that have been made against him by the 12 women dating from 1981 to 2002.

An expression of lust and "like he was watching porn" was how another complainant yesterday described the doctor looking when he examined her breasts in the early 1980s.

She told Mr Marinovich that during her consultation, the doctor told her to take her top and bra off because he could usually tell if a woman was pregnant by looking at her breasts.

"I don't remember anything apart from the look on his face when he was looking at me."

The woman, now 42, believed that during the same consultation she asked the doctor to check a lump in her groin that was worrying her and about her failure to orgasm during sex with her husband.

She said the consultation, which involved an internal examination, left her feeling dirty and embarrassed and she never returned to see the doctor again. She told her husband later that day what had happened.

During cross-examination, Mr Waalkens questioned her memory of events and whether she went to see the doctor on different occasions for her complaints.

"You are not sure that they all happened on one consultation," Mr Waalkens said.

Her husband later gave evidence and told Mr Waalkens that he recalled his wife being upset about something to do with the doctor, but he could not remember the details.

He continued to be a patient of the accused doctor.

"Could I suggest that if your wife had told you that (the doctor) had been sexually inappropriate with your wife and that he had sexually abused her, you would not have gone back to see him again, would you.

"Surely, in support for your wife, that would be the last thing you would do," Mr Waalkens said.

The Crown's case is expected to conclude today, with the last two witnesses – the police officer in charge Detective Sergeant Debra Gower and a medical expert – giving evidence.

The case for the defence will open on Monday.