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Home / New Zealand

Accused physio claims former client ‘lying’ about hugs, straddling her while shirtless

Belinda Feek
By Belinda Feek
Open Justice multimedia journalist, Waikato·NZ Herald·
13 Jun, 2023 05:40 AM5 mins to read

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The accused physiotherapist believes the former client doesn't like him very much and has something against him. Photo / 123RF

The accused physiotherapist believes the former client doesn't like him very much and has something against him. Photo / 123RF

A physiotherapist has denied multiple allegations levelled at him by a former patient, telling a tribunal the woman was lying about their encounter and has something against him.

At a hearing before the Health Practitioners Disciplinary Tribunal yesterday, the woman claimed the physiotherapist straddled her barefoot and topless while she was on a plinth, spoke about “weed”, swore, and wasn’t interested in fixing her shoulder and neck pain which she was there for.

She claimed he hugged her after telling her she needed to hug people more.

The man, who has interim name suppression, faces eight charges of misconduct including that he continued to practice after being suspended, and failed to properly retain and store clinical records between 2016 and 2019 which were lost due to flooding, then kept in his car, and misplaced after moving them again.

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He’s also accused of performing neck manipulations on nine occasions to four patients when he should not have, providing acupuncture when he shouldn’t have, and failing to comply with general standards of practice.

Giving evidence, the physio told Professional Conduct Committee (PCC) counsel Jonathan Coates the patient’s issue was centred around her middle and lower back.

Of allegations he pressed his chest against the woman’s body he said, “That’s fabricated”, and would have nothing to do with treatment.

Asked why she would allege that, the physio replied: “I don’t think she likes me very much.”

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Coates said it was a big leap to say the woman would make it all up, to which the physio replied: “Yeah, well she is.”

He also denied straddling her while she was on top of the plinth, agreeing it would be inappropriate.

“It would be quite violating I would say. She has painted it like that, it seems... I think she is lying about a lot of it, yes.”

He was pressed about taking his top off during the second appointment, after also telling the woman to remove her shorts and top.

“I suggest you did take your top off and you just can’t recall it properly,” Coates put to him.

“I don’t think so,” he replied.

Questioned further about taking his top off, he said: “I don’t think it’s in my character to take my top off.

“Oh maybe it is... It’s just... I dunno,” he said.

Coates pressed him about discussing “weed” and medicinal cannabis with her, which he also denied.

“You think she is telling lies about this?”

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“I think I annoyed her during the treatment session. I think she has something against me.”

As for telling the woman to hug more, he said he couldn’t remember talking about that.

“I just get the feeling that you are the sort of chap that is keen on hugs and physical contact,” Coates put to him.

“Absolutely,” he replied.

The woman claimed he’d talked about the benefit of “heart-to-heart” hugs, which he said was “probably” true, but he denied hugging her.

“You don’t agree you demonstrated the heart-to-heart [hug] on her?”

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“Definitely not,” he said.

He said a rib injury the woman suffered came about as she performed a half press-up as the physiotherapist pushed down with his elbow on her back, to offer resistance.

He claims the woman threw her arms up in the air and they fell to the ground, with his elbow going into her rib, causing a new injury.

“I didn’t see that coming.”

However, Coates put to him that he was the physio and he was responsible for providing treatment in a safe and responsible way, and it wasn’t fair to blame the patient for what happened.

“I didn’t blame her. It’s just unfortunate that that’s what happened.”

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Coates reminded him when first interviewed by the PCC not long after the complaint was laid, that he thought the first session was “an absolute winner”.

“Yeah, I thought it was good... I thought I got her into some movement that she hadn’t been used to and felt the benefit of doing that.”

As for providing services once suspended, he denied offering “massage services”, but more “spiritual bodywork”.

Asked what that was, he said it was first doing meditation “to get them in touch with spirit [sic] then... just go with the flow and follow the spirit of the moment”.

He wasn’t targeting any specific areas of the body rather it “was more global, more of a full body demonstration rather than specific joints”.

Tribunal member Kirsten Davie asked for clarification from the physio if he felt wearing no shoes and or a top, when hot, as a professional physiotherapist was appropriate. He replied: “It’s probably not appropriate.”

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Coates asked if the man still wanted to practice as a physiotherapist, and received the answer, “I have no idea”.

Tribunal chair Theo Baker asked the man what his goals were, and he said he didn’t have any.

“No more goals, no more reaching ... I’m just leaving everything as it is and going with the flow.”

Belinda Feek has been a reporter for 19 years, and at the Herald for eight years before joining the Open Justice team in 2021.

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