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Home / New Zealand

Radiographer faces misconduct charge for alleged sexually inappropriate behaviour

Katie  Harris
By Katie Harris
Multimedia Journalist·NZ Herald·
10 Mar, 2020 05:16 AM4 mins to read

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In uniform and on hospital grounds- a medical professional is facing a Health Practitioners Disciplinary Tribunal for allegedly offering a massage and trying to kiss a teenage cleaner on the forehead.

A Lower North Island radiographer is accused of nudging the then 19-year-old onto a bed so he could give her a massage, and barring her attempts to leave the room by grabbing her.

The offending is alleged to have occurred at a DHB accommodation facility on the morning of November 19, 2018.

The young woman told the tribunal she started to feel uncomfortable when cleaning his room as he questioned where she lived, how old she was and if she was married.

While she cleaned she said the man told her she "must be very strong for a girl", and then said he tried to grab her hand, but she pulled away.

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She alleged the man said the bed gave him a sore back and asked her to give her a massage - to which she replied no.

From there, she said he shut the door behind him and shoulder-nudged her onto the bed and said he wanted to give her a massage.

"I was so shocked and frightened. The man told me to take off my jacket and lay on my tummy."

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The complainant said no and when she tried to leave, she said he asked her to just stay for a couple minutes longer.

The defendant rejected the allegations and told the tribunal he had never had any complaints of this nature before.

Through crossed arms, the radiographer told the hearing his whole family is shattered and he really wants this "problem" to be resolved.

"My kids and wife are in New Zealand and I have to work in Australia, pay the rent for my shared accommodation plus continue paying my mortgage on my house in New Zealand."

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He said the woman made a racially insensitive comment about him.

"You outsiders come to this country and take up all the good jobs and we are left with none," he told the hearing she said.

Following the alleged comments he said he was totally gobsmacked and angry so he yelled at her- something he later regretted.

The woman denied the allegation of making any comments on the man's race.

A former boss told the tribunal she heard about the incident involving a teenage cleaner on or around November 20, 2018, and the man resigned in December- part way through their investigation.

"During the employment investigation there were a few aspects of [the man's] account that raised questions for me."

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She said when they interviewed him, he told them at the time of the incident he was getting ready for work, and even though he was not running late, he wanted to get a move on to start his 8.30am shift.

The internal investigation showed he did not enter the hospital until 10.59, and was not due to start until 11am.

During cross examination defence counsel Phil Mitchell argued because the woman mumbled during her statement it may not have been written by her, which she denied.

He then suggested the woman could have been mistaken or lying about the events that occurred because they differed from his client's recollection.

Mitchell also said the alleged misconduct occurred outside of work hours and not in the hospital or with a client or colleague so was no different to it occurring at a bar, pub or supermarket.

Lawyer for the Professional Conduct Committee Jo Hughson told the tribunal the man was clearly identifiable as a hospital worker as he was wearing his uniform at the time of the alleged incident.

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"The fact is the complainant worked at the same hospital and she was working at the same time"

The tribunal reserved its decision and will receive written submissions by the lawyers in the next two weeks.

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