An anaesthetist accused of sexually assaulting two patients told gardai he was looking for ovarian problems when he gave them vaginal examinations, Dublin Circuit Criminal Court has heard.
He denied feeling their nipples and said he only placed a stethoscope underneath their breasts to check their heartbeats.
It was the sixth day of the trial at Dublin Circuit Criminal Court of the 35-year-old man who denies sexually assaulting two patients at the Mater Hospital, on July 28th, 1997. Both patients allege they were sexually molested by the defendant during routine examinations to check if they were suitable for tonsil surgery.
Sgt Thomas Waters told Mr Paul McDermott BL that in statements to gardai, the doctor said at 8.30 p.m. on the night of the alleged offence, he went to the bedside of the first woman and pulled over the curtains. He asked about her family history and whether she took oral contraceptives.
She consented to a physical examination and complained of discomfort in her abdomen. She also said she had a history of irritable bowel syndrome and "maybe" had a problem with her ovaries.
She consented to a vaginal examination and he asked her to open her jeans. He inserted his finger into her vagina and there was no bleeding or discharge. He reinserted his finger to see if there was any "tenderness or mass". The vaginal examination took 20 to 30 seconds.
In reply to the complaint made by the second alleged victim, he said he met her on the same ward and inquired about her family medical history. She said she had been on the contraceptive pill but not anymore.
She complained of feelings of nausea in the morning and said her periods were regular but heavy. He examined her abdomen by palpating it and asked her to open her trousers. He inserted his finger into her vagina to check for lesions or mass. His examination was according to his medical training and was not an unwarranted sexual act.
He also denied to gardai that he had tried to kiss the first alleged victim or had fondled the breasts of both women.
Dr Peter McKenna, consultant gynaecologist and Master of the Rotunda Hospital, Dublin, told Mr McDermott that in 24 years as a doctor he never knew any anaesthetist to give a vaginal examination to a patient in a pre-operative examination.
Judging from the women's statements, he believed the defendant had acted improperly. Asked why he used the word "improper", he said: "It is a unique situation and in a unique situation, you search your lexicon for a suitable word."
When carrying out a vaginal examination, it was almost always done with the patient lying on their back, he added. Asked by Mr McDermott if the examination would be hindered if the patient was clothed to the waist, he said it would be possible to put fingers into the vagina but he would not class that as a gynaecological examination. He said it was proper to ask female patients about their use of oral contraceptives and relevant questions about their menstrual cycle.
Asked whether it was relevant to give an abdominal examination to a patient due to have their tonsils removed, he said it was not.
Cross-examined by Martin Giblin SC (with Cormac Quinn BL), defending, Mr McKenna said that as Master in the Rotunda, he felt fairly comfortable with medical practice in general, and not just his own area.
The trial continues before Judge Kieran O'Connor and the jury.