Allegations of Sexual Abuse in NZ


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


Index 3.    Trial: Defence

 




Taranaki Daily News
October 3 2006

Patients mistaken, doctor tells court
by Jayne Hulbert

The patients alleging sexual abuse by their New Plymouth doctor were all mistaken, the accused told the High Court yesterday.

Rather than labelling all the 12 women complainants liars, the doctor told the court they were mostly mistaken or misunderstood what was happening during their consultations.

The doctor, whose name is suppressed, was being cross-examined by Crown prosecutor Cherie Clarke on the first day of the fourth week of the trial.

He has denied 37 charges of sexual assault, alleged to have occurred between 1981 and 2002.

Ms Clarke took the doctor through each complainant's evidence.

"There is no medical reason for a doctor to manually stimulate a woman's clitoris," Ms Clarke asked.

"That's correct," replied the doctor.

Ms Clarke asked if that meant a complainant was lying when she earlier gave evidence that she believed that was what the doctor was doing.

"No, misinterpreted," he said.

Ms Clarke asked about one of the complainants, who said she had stripped naked for a vaginal examination, despite the doctor having said that was not his normal practice.

"So why did she strip naked?"

"She would have misinterpreted my instructions," the doctor said.

Several of the complainants had experienced other intimate examinations with the doctor which they had no concerns about.

Ms Clarke put it to the doctor that that meant they could hardly be mistaken, because they knew what the examination should involve.

"Ms (complainant's name) is another woman who you say is mistaken in her description of you rolling her nipple. There is no medical reason for you to roll her nipples like that, is there?"

The doctor denied touching a woman's nipple during an acupuncture treatment on her back.

"That's another complainant lying then, doctor," Ms Clarke said.

"I don't know, she is not correct," the doctor said.

He said evidence where complainants said they felt his erect penis being pressed against them was untrue.

Ms Clarke asked the doctor why he did not offer female patients a cover while he did intimate examinations.

The doctor said a cover was available to them and it was their choice.

"But for a patient to have the choice doctor, you have to offer it to them," Ms Clarke said.

She put it to the doctor that a teenager coming for a vaginal examination may not know it was her choice. "Do you accept that?"

"No, because a blanket is at the end of the bed and it's there for them."

The doctor told Ms Clarke that his medical practices had not changed since the early 1980s.

The trial continues today.