Doctor defends his 'stupid' conduct as he faces stupefying and indecent assault charges

TAKING THE STAND: David Kang Huat Lim has testified in his own trial to defend himself from allegations he stupefied and indecently assaulted four male patients in 2014. Photo/Duncan Brown

Doctor David Kang Huat Lim has taken the stand in his own trial and admitted his conduct was "stupid", but categorically denied five charges of stupefying and eight of indecent assault.

Yesterday, at the Napier District Court, Lim, 41, was called as the first witness for his defence case; a decision his lawyer Harry Waalkens, QC, told the jury Lim had made of his own volition.

The court heard Lim practised at the Hawke's Bay Hospital's emergency department and The Doctors clinic in Hastings.

Lim said he was "very" comfortable administering the sedative drug Midazolam and estimated he had used it between 100 and 150 times.

The Crown alleged Lim gave four male patients this drug to render them unable to resist his sexual advances while working as a GP at The Doctors.

Last week a patient testified he had been given two doses of Midazolam by Lim and woke up from the sedation to the feeling of someone touching his penis.

He told the court he had opened his eyes to find Lim standing beside his bed.

When asked by Mr Waalkens if he had touched this complainant inappropriately, Lim said "No."

And when asked if he had pulled the complainant's pants down, he said "No."

When the examination progressed to another complainant, who earlier accused Lim of licking his nipples and adjusting his pants, Lim said those things had "absolutely not" happened.

Yesterday Lim admitted and explained why he grabbed a sedated patient's penis when they were alone in a toilet cubicle together.

Lim said he had taken the 18-year-old male to the bathroom because he needed to pee, and that he had grabbed the patient's penis because he was urinating "all over the floor".

He told the court that while he had never taken a patient to the bathroom before, he had concerns about the unsteadiness of the teenager and didn't want him to have a fall.

When asked by Mr Waalkens, Lim confirmed there had been no sexual purpose to his actions.

It was this situation that crown prosecutor Steve Manning put to Lim at the beginning of his cross-examination, asking him what he was thinking as he as he stood in a toilet cubicle with a patient's penis in his hand.

Mr Manning raised the fact that this particular patient had earlier yelled out, "You better not be playing with my balls!" and asked Lim why he had put himself in such a "risky" situation.

"That would have to be, would it not, the most stupid thing you could do."

Lim replied, "In hindsight, yes."

Mr Manning put to him that the risk of sexual allegations was intensified due to the trial's well-established fact that Lim was "overtly gay", and said he must have been "absolutely stupid" or have an ulterior motive to take such a risk.

"It was a risk you were prepared to take so you could gratify yourself sexually by touching this 18-year-old's penis . . . safe, you thought, in the knowledge he won't remember because he's under Midazolam."

To this Lim said, "No."

Earlier yesterday, Lim had told the court he was "shocked and surprised" to hear that a complaint had been made against him.

The trial is continuing.