A doctor charged with sexually abusing three patients, including a 13-year-old girl, has lost a High Court bid to halt his prosecuFriday 19 April 2013 16.27
A doctor charged with sexually abusing three patients, including a 13-year-old girl, has lost a High Court bid to halt his prosecution.
The GP, who cannot be named, is charged with sexually assaulting a woman in his surgery in 1989 and again in 1996.
He is also charged with indecently assaulting another woman during a call out to her home in 1989 and with indecently assaulting the girl in his surgery in 1990.
He denies all charges.
He claimed a lengthy delay in processing the complaints against him meant he would not receive a fair trial, including a 34-month delay between when they were first made and when he was charged.
The DPP opposed his application to prohibit his prosecution.
Yesterday, Mr Justice Michael Hanna dismissed his application saying he was not satisfied he had established blameworthy prosecutorial delay to warrant a prohibition of his trial.
The State had provided adequate explanation for any delay in what was a multi-faceted case with multiple complainants, one of whom was particularly vulnerable, he said.
He was also not satisfied the doctor had established there was a real or serious risk of an unfair trial due to an absence of documentary evidence, including medical records.
The judge who will hear his criminal trial is in a position to give appropriate warnings and directions to a jury in relation to these matters, Mr Justice Hanna said.
He granted an application from the doctor's counsel to continue an interim prohibition on the trial pending if an appeal against his decision is lodged with the Supreme Court.