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Home / Kapiti News

Doctor asked to measure indecent assault accused's penis with a ruler

Georgina Campbell
By Georgina Campbell
Senior Multimedia Journalist·NZ Herald·
21 May, 2018 11:15 PM4 mins to read

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Kāpiti Coast councillor David Scott sits in the dock on day one of his trial for indecent assault. Photo / Mark Mitchell

Kāpiti Coast councillor David Scott sits in the dock on day one of his trial for indecent assault. Photo / Mark Mitchell

The GP of a Kapiti councillor standing trial for indecent assault has been asked to measure the length of the accused's penis with a wooden ruler.

David Scott has pleaded not guilty to the single charge. His trial is entering its second day in Wellington District Court.

The Crown has argued Scott pressed himself against a Kapiti Coast District Council employee when she was speaking to the mayor at a morning tea after a council meeting in April last year.

The employee emailed Scott after the alleged incident telling him his behaviour was totally unacceptable and she was no longer prepared to deal with him directly.

Scott responded offering his apologies for any action that may have upset her.

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He said he wished the employee had said something at the time because he would have explained that he had undergone a recent operation on his genitals which made any contact in that area extremely painful.

Crown witness Dr Bernard Cammack said Scott became a patient of his shortly after he had an operation on his genitals in November 2016.

Cammack said Scott's stitches following the circumcision operation would have taken about three weeks to absorb.

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He expected general healing time would take about a month, if there were no complications.

Cammack said he saw Scott several times between the beginning of December 2016 and the date of the alleged indecent assault as he started his insulin treatment for diabetes.

He said on none of those occasions there was a reference in his notes about any issues following Scott's operation.

Under cross examination Cammack agreed blood sugar could drop quite suddenly and symptoms included blurry vision, trouble concentrating and fatigue.

Earlier in proceedings, the complainant rejected what she felt pressing into her could have been a wallet, phone or insulin kit, rather than male genitalia.

She said what she felt was about four or five inches.

Under cross examination defence lawyer Mike Antunovic asked Cammack to measure the length of Scott's penis in a separate room, that measurement is supressed.

He also asked another witness to measure Scott's wallet which was about four and a half inches long.

Scott's videoed police interview was played to the jury. In it he repeatedly denied the indecent assault allegation.

He said before the morning tea he injected insulin into his stomach and then went into the room to get food.

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Scott said he was in the room for about two minutes and recalled only speaking to one person- a fellow councillor.

He said he did not recall the alleged incident or seeing the complainant in the room.

Scott said at the time, he had two remaining sutures from his November 2016 operation, which were red and raw.

He said it would have been physically impossible for his groin area to touch the complainant.

"My stomach sticks out more than my genitals."

He said he had injected himself with insulin for about two years and it had always been painful and he had bruises around his stomach.

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Scott took the stand at his trial and was emotional at first, referring to the impact the allegations had on his family.

He told the jury he had not taken his insulin shot the night before or the morning of the morning tea.

He said he had a rough night beforehand after he got home late and then tried to get a stray cat out from underneath his bed.

Under cross examination Crown lawyer Kate Feltham put to Scott he had exaggerated his circumstances for his own advantage.

"What I'm trying to suggest to you is that you're conjuring up a range of reasons for how this couldn't have happened, which in reality don't exist."

Scott said that wasn't true.

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"Because if you were still experiencing the degree of discomfort that you have told us, you would have spoken to your GP about it, wouldn't you?", Feltham said.

Scott said he would not have and had not wanted to discuss the operation with others.

A defence witness said she briefly spoke to Scott when the council meeting adjourned.

"I looked at him and I thought, my goodness, he's as white as a sheet. He looked so pale and I thought there's something wrong."

She said he seemed to be in a hurry to get away.

"My husband said 'I'd say he needs to get food or have an insulin injection'."

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Closing addresses are expected to be delivered tomorrow morning.

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