A doctor accused of sexually assaulting two patients told a jury that he gave one of the women two vaginal examinations because he thought she might have problems in her uterus, Dublin Circuit Criminal Court heard yesterday.
He denied fondling her breast and said he had placed his hand on her chest to examine her heart. Earlier, a former Labour TD for Clare, Dr Moosajee Bhamjee, gave evidence on his behalf.
It was the ninth day of the trial at Dublin Circuit Criminal Court of the doctor, who denies sexually assaulting the two female patients at the Mater Hospital on July 28th, 1997. He told Mr Martin Giblin, defending, that on the day of the alleged offence, he was told by a more senior doctor to examine patients due for operations the next day. When he arrived at St Joseph's ward, he introduced himself to the first alleged victim.
He asked her about her medical history and general health and wrote it in a record sheet. She found it difficult to understand what he was saying because of his accent. He also found conversation difficult and asked her to repeat several words.
After writing his notes, he told the woman he wanted to do a physical examination and asked her to lie on the bed. When he pressed the right of her abdomen, she winced. He asked her why she had done so and she said she had a problem with irritable bowel syndrome five or six years ago.
When he asked her why she had not told him this earlier, she shrugged her shoulders. He then examined various parts of her chest. He placed his hand below her left nipple to check her apex heart beat, the main heart rhythm. As he was examining her lower abdomen, the woman said a surgeon had once told her she might have problems with her uterus or her ovaries. He told her he needed to do a vaginal examination and she did not object.
He inserted his forefinger into her vagina to check for bleeding or discharge and there was none. He examined further up her body but then reinserted his finger into her vagina to examine near where she earlier complained of tenderness.
When he finished, she was concerned about the examination. She asked him if there was a problem with her tummy. "I didn't understand the word `tummy' and she pointed down," he explained to the jury. He told the woman there was no problem.
Earlier, the witness said he had worked as a doctor in a Pakistani clinic known as a basic health unit. Asked if he wore gloves when examining patients, he said: "You talk about gloves. There weren't even syringes."
The defendant's evidence was interrupted to allow Dr Bhamjee and a doctor practising in Pakistan to give evidence for the defence. Dr Bhamjee said he had been working as a doctor in Ireland since 1975 and was now a psychiatrist attached to Our Lady's Hospital in Ennis, Co Clare. He said many foreign doctors working in the State had problems adapting to Irish culture. Foreign doctors often had a problem with local sayings and Pakistani doctors were often closely supervised for a long period of time.
Dr Barber Wsemather, a doctor working in Pakistan and the defendant's cousin, said there was "absolutely no availability" of surgical gloves in Pakistani basic health units, and some had no electricity or running water.
Cross-examined by Mr Paul McDermott, prosecuting, he agreed medical students in Pakistan were told that whenever possible, they should wear surgical gloves during medical procedures.
The trial continues before Judge Kieran O'Connor and the jury.