Allegations of Sexual Abuse in NZ


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


Index 3.    Trial: Defence

 




Taranaki Daily News
October 4 2006

Sex-case doctor's wife, daughter on stand
by Sharon Marris

The wife of the doctor facing 37 charges of sexual assault told the High Court at New Plymouth that she was standing by her man.

The woman took the witness stand late in the morning of the defence case, expected to conclude on Friday.

She spoke of her husband's mannerisms: "He tends to purse his lips, like so," she said, demonstrating for the jury and packed public gallery. "He tends to enlarge his eyes when he is concentrating on something."

Her husband, whose name is suppressed, came from a family of doctors and was brought up to see medicine as a vocation, she said.

"As such, he tries to be available to patients 24 hours a day," she said. "He tries to accommodate all patients whether they can pay or not."

She spoke about life as a doctor's wife and since the complaints, about incidents alleged to have occurred between 1981 and 2002, which came to light about two years ago.

"Almost always, patients have come before family and we have had to get used to that," she said. "The past two years have been a test, but I do believe in stand by your man," she said when asked by defence counsel Susan Hughes if she was the equivalent of Tammy Wynette's country music classic.

The woman acted as receptionist at one of her husband's clinics until 1983.

"I would not be here lying for him and I would not be here today if I did not believe in (him)," she said.

The court also heard from the defendant's eldest daughter, who described her father as a man of strong Christian values. "He's often spoken to me about the satisfaction he gets from healing, and saving lives."

She also described one of the complainants, a family friend until her complaint, as always partaking of the family's tradition of hospitality.

The rest of the day was taken up with evidence from two GPs, Thomas Marshall and Ian Smiley.

Dr Marshall OBE, a Mt Eden GP for 40 years and past president of the NZ Medical Association, told the court that having a nurse attend intimate procedures had not been mentioned when he trained in obstetrics in 1965.

"When I joined my colleagues in 1966, they never used chaperones for intimate examinations and I continued that practice," he said. "The issue never arose as to whether it was courteous or anything else, but about the time of the Cartwright Inquiry, the issue came to be discussed."

"In the early 1990s I decided it would be wise to start asking, particularly young women who were new patients, whether they would prefer to have a chaperone present, and I've continued with that practice."

Dr Smiley, of New Plymouth, told the court that the accused doctor was generous with his time and everything he did.

Ms Clarke then turned to the complaints.

"It's not a medical examination for a doctor to grope and squeeze a woman's breast at the same time thrusting his fingers in and out of her vagina, is it?"

Dr Smiley agreed it was not.

"No medical examination should be sexualised to the point the doctor gets an erection," Ms Clarke said.

"I would agree. No doctor should get an erection in that circumstance."

Dr Smiley said he liked to hand a blanket to his patient to cover herself. He agreed he would never watch a patient undress.

"It certainly would not put the patient at ease."