Allegations of Sexual Abuse in NZ


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


Index 4.    Trial: Verdict

 




NZ Herald
October 13 2006; 09:35

Doctor convicted of sex charges to be barred from working
NZPA

The Medical Council will today order the New Plymouth doctor convicted of sex offences against 10 female patients to stop working immediately.

Hiran Fernando, 58, was yesterday found guilty on 26 counts of indecently assaulting women between 1981 and 2002.

The Medical Council said it would this morning advise Fernando's lawyers that he was under investigation and should not return to work.

If he ignored the advice, the council could quickly move to suspend him, even before any move to deregister him which could take some months.

During the trial, complainants told of the doctor playing with their nipples, giving unnecessary vaginal examinations and asking questions about their sex lives.

In his own evidence, the doctor told the court he had legitimate reasons for the examinations and his actions must have been misunderstood.

Defence lawyer Harry Waalkens QC said Fernando and his family were "gutted" by the guilty verdicts.

"We were surprised that they weren't all acquitted," he told National Radio.

It was, however, premature to be considering an appeal, he said.

The trial, in the High Court at New Plymouth, had run for almost five weeks and the jury deliberated for nearly three days before returning verdicts yesterday afternoon.

Judge John Priestley lifted the suppression order on Fernando's name, which had been imposed when he was charged early last year. He was released on bail until his sentencing in five weeks' time.

The doctor faced 34 charges of indecent assault and three of sexual violation against 12 female patients. The charges spanned a 21-year period from 1981.

The jury acquitted him on the three sexual violation charges.

Detective Sergeant Debbie Gower, who headed the investigation, said she was pleased with the convictions.

"It's been a long and difficult time for the 12 ladies. I admire them immensely for having the guts to come forward and see through their complaints."

Born and educated in Sri Lanka, Fernando came to New Zealand in 1978, working at Wanganui and National Women's hospitals before moving to New Plymouth at the end of 1980 and setting up as a sole practice GP.

In 1994, Fernando helped set up the Taranaki Multi Ethnic Council and served as its president for many years.

He also belonged to Rotary's Fitzroy branch since 1983 but had now taken leave of absence.

Both organisations were reluctant to comment on the verdicts.

Fernando was St John's New Plymouth divisional surgeon from 1984 to 2000, lecturing and checking the clinical skills of volunteers.

St John's central region's operations manager Grant Pennycook said the convictions raised questions about the doctor's behaviour with younger members.

Local senior managers in the area would be contacted and appropriate questions asked as soon as possible, he said.

Ms Gower said it had been particularly tough for women to complain about an offender who had earned wide public respect.

"A lot of them had been brought up (during a time) when doctors were hugely respected and it was your word against a doctor's."