|
|
Allegations of Sexual
Abuse in NZ |
|
|
|
|
Dr Hiran Fernando The Medical Council investigated
disgraced New Plymouth doctor Hiran Fernando twice in the 1980s for alleged
sexual offending, but the complaints were dismissed. Fernando, 58, was yesterday found
guilty in the High Court at New Plymouth on 26 counts of indecently
assaulting women between 1981 and 2002. He 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. Council chairman Philip Pigou said
today Fernando had been the subject of individual complaints to the council
by two women in 1984 and 1989. He told National Radio that it was
difficult to give details of the investigations undertaken into the complaints
because only scant records of the proceedings remained. However, the regional committee
which looked into the complaints found "that it came down to the problem
of one person's opinion against another". Mr Pigou said he did not have the evidence
today needed to assess whether that was a sound decision at the time or not. "Clearly, in terms of the
court convictions yesterday there was a lot more evidence. "The court was able to hear
the evidence of 12 complainants and witnesses and was able to get a much
wider picture of this doctor's appalling behaviour." When Fernando was charged early
last year, Mr Pigou said the council immediately reviewed the sort of risk he
represented to patients and the public. He was ordered only to undertake examinations
of patients with a chaperone present and was banned from performing any
intimate pelvic or breast examinations on women. Mr Pigou said the council could
not guarantee that a chaperone was present for all Fernando's examinations,
but that the conditions imposed on him were monitored regularly. Signs were required to be put up
in the waiting and examination areas of the practice telling patients of the
need for a chaperone and Fernando was expected to explain to patients the
reason why, if asked. Mr Pigou said the council took the
view that Fernando was innocent until proven guilty, and that the measures
put in place were sufficient to protect the public. However, he said the council would
be reviewing its handling of the case. Lorraine Jans, acting manager of
Taranaki's SAFER Centre, which offers support and counselling for people who
have been sexually abused, said there were many lessons to be learned from
the case. The council did not take the issue
of sexual violence seriously enough, she said. "The council is out of step
in looking at where things are in the 21st century. "They need to have a more
robust process around how they deal with allegations of sexual
violence." Ms Jans also believed the use of
name suppression needed to be reviewed. The centre had fielded calls from
around the country, wanting to know if the doctor was a man they had seen as
a patient. She said she believed there were
many more women who had been abused by Fernando. "They said they did not want
to go ahead and lay complaints but they were totally supporting the women who
were going through the court process. "I really think it was only
the tip of the iceberg." |
