Allegations of Sexual Abuse in NZ


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


Index 5.    Trial: Comments

 




Taranaki Daily News
October 14 2006

Patient risk conceded by medical body
by Lyn Humphreys

Patients at risk by not suspending convicted sex abuser, New Plymouth GP Hiran Fernando, earlier.

It is now reviewing whether it took the right actions when women first complained in the 1980s and when the latest 37 charges of sexual assault were first filed by police in court.

Safer Centre spokeswoman Lorraine Jans, a New Plymouth sexual abuse counsellor, said the Medical Council was wrong in protecting Fernando and allowing him to continue to practice.

Any other professional body charged with keeping people safe would have suspended that person, she said.

Yesterday, Medical Council chief executive Philip Pigou said it was very distressed with Fernando's "appalling offending".

"It's more distressing for the victims and the council apologises for the behaviour of Dr Fernando to the victims," Mr Pigou said.

"In a sentential event of this nature we would look at our processes to see did we do it well, did we do it poorly, or should we have taken different actions."

Mr Pigou said that from June last year the council required Fernando to have a chaperone and not to undertake intimate examinations – except in an emergency.

He conceded that women patients who went to Fernando since restrictions were put in place might have been unaware of them because of the court's name suppression.

"That is possible, I do agree.

"If that situation has arisen, then we need to think about it in terms of our processes."

While the Medical Council always monitored the conditions it placed on people, it could not be in the surgery and stay for every consultation, Mr Pigou said.

Ms Jans said a doctor's job was to keep their patients safe.

She said counsellors would not be able to continue working if they were under investigation. "Our membership (of the NZ Association of Counsellors) would be instantly voided. We would be suspended until the investigation was completed."

The same would happen with teachers or daycare workers, she said.

"How come doctors can continue to practise?

"The council needs to get into the 21st century. Things have changed from when doctors were gods on pedestals."

Ms Jans said the Safer Centre had had calls from four other women who said they too had been abused by the doctor.

"Most did not want to lay complaints but wanted other women to know they supported them in being strong enough to take it to court.

"I would not be surprised if others came forward now that these women have found justice."

Ms Jans said the situation was made worse because the council had known for 20 years about Fernando's sexual offending.

Two female patients had complained to the council about him indecently assaulting them in his surgery in 1984 and 1989. One was 17 at the time.

Some complainants had been left traumatised both by the offending and by the court process, she said. "Some of them are very angry at the way they were treated in court."

Mr Pigou said that under section 59 of the Health Practitioners Competence Assurance Act, it would take several weeks for the council to decide if it would stop Fernando practising.

A letter was sent to him yesterday requiring a response in a week. The council has asked Fernando not to practise during the time it would take for the process to be completed.

When asked why Fernando's removal from practising could not be immediate, Mr Pigou said the act did not allow for this.