Jury begin deliberations in sexual assault trial against doctor
The defendant has pleaded not guilty to one count of sexual assault.
The trial against a male doctor who is alleged to have sexually assaulted a female patient during a medical examination continues.
It is alleged that on April 17, 2020, the complainant attended an appointment at a medical clinic in Co. Waterford to treat pain in her foot.
She was called into a room by the doctor and was asked to lay down on a bench so that he could inspect her foot.
The woman alleges that at this point he began rubbing her inner thigh and grabbed and squeezed her breast.
The defendant has pleaded not guilty to one count of sexual assault.
On day four of the trial at Waterford Circuit Criminal Court, the jury of five men and seven women heard evidence from the investigating officer in the case and the receptionist who works at the defendant’s clinic.
Closing arguments from the prosecution and defence were also heard.
The investigating officer in the case told the jury that he met the complainant in 2020. She handed over her phone and provided gardaí with names of relevant people. She also gave permission for her medical records to be obtained.
The garda officer also told the jury that when he called to the home address of the defendant in 2020, he was not present and so he left a note.
The defendant subsequently sent an email to gardaí saying that he had received the note and agreed to arrest by appointment at a garda station. He appeared at the station, was arrested and interviewed.
Next to take to the stand was the receptionist who worked at the doctor's clinic on the date of the alleged assault.
She said she had no particular recollection of the complainant appearing at the clinic.
She also said she was not aware of the doctor choosing to not charge certain people for injections. The complainant previously said in evidence that she believes she wasn’t charged in full for injections she received during the appointment where she alleges the sexual misconduct took place.
In his closing argument, State Prosecutor, Conor O’Doherty SC, said that the case “shines a light into a dark corner”.
He said in relation to the complainant not telling the receptionist about the alleged assault whilst leaving the clinic, that it was entirely credible a person who was assaulted would want to return quickly to the safety of their car.
Evidence previously heard outlined that the complainant had used "light-hearted emojis" in a text message exchange while explaining the alleged incident to a friend. Mr. O’Doherty said that the complainant was using dark humour to process what had just happened to her.
He said that she was very open about her background and history during the investigation, and that she provided “clear, consistent and compelling evidence”.
Acting in defence for the doctor, Ms. Kathleen Leader SC, expressed to the jury areas of doubt in the evidence provided by the complainant.
She told the jury there “are lots of little things” for the jury to consider, including the “non reaction” of the complainant's partner when she told him about the alleged assault and the “jokey” text message exchange between her and her friend after the alleged assault.
Ms Leader said her client “did not run away” when contacted by gardaí and cooperated during the investigation.
The jury have commenced their deliberations.
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