Allegations of Sexual Abuse in NZ


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


Index 3.    Trial: Defence

 




Taranaki Daily News
October 10 2006

Standing room only for final addresses
by Jayne Hulbert

A Jekyll and Hyde figure is one description fitting for the New Plymouth doctor charged with sex offences, according to the Crown.

It was standing room only in the High Court at New Plymouth yesterday with both the Crown and the defence giving their closing addresses in the fifth week of the high-profile trial. The public gallery was packed with the doctor's supporters and family members.

Today Justice Priestley will sum up, before the jury considers its verdicts.

Crown prosecutor Cherie Clarke told the jury the trial was about an otherwise good man doing bad things.

The doctor, whose identity is suppressed, faces 37 charges of sexual assault on 12 female patients alleged to have occurred between 1981 and 2002.

"Under the auspices of a medical examination, this man treated these women in a sexual way for his own sexual gratification," Ms Clarke said.

She said confirmation that he was doing it for his own gratification was the allegation by two of the complainants that he had an erect penis during consultations.

He could not have had an erection for any other reason, she said.

Ms Clarke said that every complainant had given evidence that at the time the doctor touched them, they knew it was wrong.

The 12 women came from different backgrounds, had made similar complaints about the accused and had given their frank, sincere and true evidence independently, she said.

Ms Clarke said there was no evidence of any collusion in the case.

"I ask you, members of the jury, to compare the complainants' demeanour to the accused. He was that Jekyll and Hyde character, he was evasive, non-committal, he blatantly misled you about issues and clearly lied to you about things in this case."

She told the jury that it could rely on the evidence of the 12 women.

"There is only one verdict in this, it's your duty to bring in verdicts of guilty."

Defence counsel Susan Hughes told the jury that she would not be there if she did not believe the doctor.

However, she admitted that numbers could be seductive.

"But 12 times nothing is nothing," Ms Hughes said.

Colleagues, family, friends and former patients had all described the doctor's good character.

"Is this man likely to act as a sexual predator? No."

She questioned why most of the women continued to see the doctor after they claim he sexually abused them.

"In one case there have been 50 visits post assault . . . because you logically wouldn't return to a doctor who had sexually abused you, would you?"

The doctor denied ever having an erection during consultations, Ms Hughes said.

She said the lack of any complaints, sometimes not for years after the claims of abuse, was central to the case and said even then some complainants did not come forward until after media coverage of a New Plymouth doctor being charged.

A Chinese whispers-type situation had evolved, where a claim of someone not liking the doctor had suddenly become sexual offending, Ms Hughes said.

"To sincerely believe something, doesn't mean it is so. The complainants sincerely believe that they have been sexually abused by the doctor. I simply say that is not true."

She urged the jury to quickly find the doctor not guilty.