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Allegations of Sexual
Abuse in NZ |
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A packed public gallery watched as
the doctor accused of 37 sexual assaults on his patients measured 81cm from
the floor of the High Court at New Plymouth yesterday. The doctor, whose name is
suppressed, had said in court on Thursday that there was 81cm from the floor
to the top of the surgery bed where a complainant said she lay while his
erect penis rubbed against her. He had also claimed that the measurement from
the floor to his groin was 75cm. But yesterday, Crown prosecutor
Cherie Clarke said: "Your penis is at the same point as she would have
been lying on your bed." Discussion then ensued about
whether erect penises pointed up or down before the judge conceded there was
little research on the topic and broke for afternoon tea. The doctor spent most of the day
under cross-examination. Earlier, he said he did not
remember many of the consultations mentioned by the complainants, some dating
back to 1981. He described accusations of
tugging at a patient's nipple as "terribly untrue" and another
action of pawing at a woman's breasts as "unlikely". When asked how he would conduct a
normal breast examination, the doctor replied: "I would use my right
hand, the palm extended." The other hand could be on the patient's
shoulder to steady them, he said. It was put to the doctor that he
watched some of the complainants undress. "She's wrong," he said
of one of them. "I may have seen her, but I haven't watched her." It was usually left to his nurse
to pull the curtain across the bed to prevent this, he said. He recalled the esteem in which
doctors were held in his early days of work. "It was the practice that the
doctor said something and the patient followed the instructions without
question," he said. He said sometimes communication
problems meant patients might not understand his instructions. The doctor told the court that the
past two years had been absolute hell for him and his family. Much of the
morning's evidence was suppressed by the judge. Ms Clarke referred to one
complainant, who had complained about the doctor to the medical disciplinary
committee in August 1984. A letter was produced from the
doctor's solicitor at the time saying it was his practice to have a chaperone
in the room for intimate examinations of women. In court, however, the doctor said
it was his common practice to have a nurse present for vaginal examinations
but not for breast examinations. Many routine examinations were not
recorded, he said. He was unable to remember another
patient and told the court her medical notes had been lost. The court also heard from the
Reverend Albert Martin, who has known the doctor for 30 years. The fact he was still alive today
was tribute to the doctor's honesty, Mr Martin said. The trial, before a jury of six
men and six women, continues on Monday with the conclusion of the doctor's
evidence. |
