Graphic details of how a top Port Elizabeth medical specialist allegedly sexually assaulted two of his former patients were heard during a Health Professions Council of SA hearing. Both women alleged that they were inappropriately touched and then received follow-up WhatsApp messages that made them feel violated.
Eight former patients of the endocrinologist have laid criminal complaints against him – six of sexual assault and two of rape.
The Herald reports the testimony of the two women was, however, delayed and intermittently interrupted after Advocate Salie Joubert SC asked the HPCSA committee hearing the inquiry to bar The Herald from reporting on the matter. Joubert, who is representing the doctor, brought the application claiming the newspaper had no legal right to name the doctor, adding that the doctor was not aware that eight criminal complaints had been laid against him.
HPCSA chair, Advocate Justice Mogotsi, proceeded to bar The Herald from reporting on the matter, a ruling the newspaper is fighting based on public interest and the fact it is not by law barred from naming the doctor.
Initially, Mogotsi ruled that The Herald could be present but not report on the proceedings, but after several discussions it was finally agreed that The Herald may report on the hearing on condition the doctor not be named.
The Herald’s lawyer, Willem de Klerk, has written to all parties, saying that the bar on naming the doctor should be lifted and should it not the newspaper reserves the right to approach the Eastern Cape High Court (Port Elizabeth).
The SA National Editor's Forum also condemned the ruling, saying the matter was in the public interest and the media should not be muzzled.
Joubert is representing the doctor, who is not being named after the chair of the committee hearing the formal inquiry, reports The Herald. On Wednesday, the doctor pleaded not guilty to 14 counts of sexual misconduct. He was suspended in September after an HPCSA committee meeting.
This was after at least four women had laid complaints against him with the HPCSA. They, and another woman, have since laid criminal charges with the police. The four women who initially laid the complaints were expected to give evidence but after a number of disruptions only two were able to give evidence before the matter was postponed to 23 February.
One reiterated under cross-examination by Joubert that during her third consultation with the doctor he had caressed her breast, played with her nipple and put his hand down her panties. According to the woman, the doctor’s conduct made her feel violated and uncomfortable but she did not say anything at the time.
Shortly after her appointment, she allegedly received a WhatsApp message from him which contained only a smiling emoji, notes the report in The Herald. The next day when the doctor contacted her again.
“Unexpected and thrilling with a silly smile on my face since seeing you,” read one alleged message. Another allegedly read: “Wish I had more time with you,” followed by a smiling emoji with hearts floating around it. The woman said she had responded and told him she did not appreciate what had happened and that his conduct was unprofessional. He responded he was “very sorry” and “I hope and pray you will forgive me.”
Joubert said that without the actual cellphone on which the messages had been received, the committee should rule that the evidence inadmissible. The woman said she would endeavour to retrieve the original messages stored on her Google Drive.
[link url="https://www.heraldlive.co.za/news/2021-01-20-pe-medical-specialist-faces-eight-complaints-of-sexual-misconduct/"]Full report in The Herald (subscription needed)[/link]
[link url="https://www.heraldlive.co.za/news/2021-01-21-patients-text-messages-claim-should-not-be-accepted-hearing-told/"]Full report in The Herald (subscription needed)[/link]
See MedicalBrief archives:
[link url="https://www.medicalbrief.co.za/archives/pe-doctor-to-court-over-social-media-sexual-assault-claims/"]PE doctor to court over social media sexual assault claims[/link]
[link url="https://www.medicalbrief.co.za/archives/pe-specialist-faces-eight-sexual-misconduct-complaints/"]PE specialist faces eight sexual misconduct complaints[/link]