A doctor who carried out vaginal examinations of two tonsilitis patients did not record it in his medical notes, a Dublin Circuit Criminal Court jury has been told.
Dr Dermot Phelan, a consultant anaesthetist with the Mater Hospital, said the defendant told him he carried out a vaginal examination on a patient but denied he had fondled her breasts.
When he asked the defendant if he had worn surgical gloves or washed his hands before the vaginal examination, he replied he had not.
It was his belief the vaginal examination was not justified. It was not recorded on the defendant's medical notes, nor were there any findings or conclusions recorded.
Dr Phelan told Judge Kieran O'Connor the doctor's notes on the examinations were done quite well otherwise. It was the seventh day of the trial of the 35-year-old doctor, who denies sexually assaulting two female patients at the Mater Hospital on July 28th, 1997.
Dr Phelan told Mr Paul McDermott, prosecuting, that when he arrived at the hospital, after hearing of complaints by the first alleged victim, he was told by a nurse that the defendant was frightened. He met him and discussed the allegations.
The defendant said he had carried out a vaginal examination on a woman (23) because he felt she could have an ovarian problem.
Asked if there was anyone else there, the defendant said there was not. Dr Phelan said at this point he believed the examination was done unprofessionally, but he believed it was still a medical examination.
Asked if inserting a finger into the vagina of a patient while she had her clothes still on was considered proper, he replied that it was not. In the course of 20 years as an anaesthetist, he had never had cause to carry out a vaginal examination on a patient.
Cross-examined by Mr Martin Giblin SC, defending, Dr Phelan said he had interviewed the defendant before he began his training in the Mater Hospital. He had no recollection of him saying he had problems speaking English.
He recalled the defendant saying he had six months' training in anaesthetics in Pakistan. This did not correspond with six months' training in an Irish hospital. The accused was told he would be considered a beginner. Dr Phelan rej ected the suggestion by Mr Giblin that there was a culture of minimum supervision in the Mater.
He agreed an Irish Medical Board guide to ethical behaviour stipulated that when power was delegated to a junior doctor the delegation implied a continued re sponsibility on the senior doctor.
Mr Gilbin said the defendant would be presenting evidence that he had asked to accompany more senior doctors on pre-operative examinations but this was not done. Dr Phelan responded: "He didn't ask me, that's as much evidence as I can offer on that score."
Witness agreed with Mr Giblin that a standard medical textbook advised an anaesthetist should examine all systems in a patient "even if not directly relevant to the operation".
Dr Phelan said he did not think this meant all physiological systems or every known organ. Other textbooks would use the term "appropriate examination".
The trial continues today.