Berrimah Family Practice doctor Mohamed Jamaldeen Hassian Ali cleared of all charges
A Supreme Court Judge has commended an ‘eminently sensible resolution’ to withdraw all charges against a Darwin family doctor.
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A Darwin doctor has been cleared of all allegations he sexually assaulted a patient, with prosecutors dropping claims he ‘suckled’ on a woman’s breast.
On the fourth day of his Supreme Court trial prosecutors dropped all charges against Berrimah Family Practice doctor Mohamed Jamaldeen Hassian Ali.
On Friday, prosecutor Steve Ledek announced the Crown was withdrawing all charges — which included four counts of gross indecency and one count of rape.
It was alleged that during lactation consultations the doctor “suckled” on a 40-year-old patient’s breasts and took a vaginal swab.
Dr Ali maintained his not guilty plea throughout the trial, with defence barrister Mary Chalmers SC saying while there was no dispute that the 73-year-old doctor took the swab that was “sent it off to the lab in the ordinary course of business”.
On the first day of the trial, Ms Chalmers said the complainant was “not an honest or reliable witness”.
“There was no sexual assault of any description during any of those four medical appointments,” she told the jury.
By late Friday afternoon prosectors filed a ‘nolle prosequi’ notice — meaning they were unwilling to pursue the charges — in the middle of the cross-examination of the complainant during a closed court hearing.
In dismissing the jury, Justice Judith Kelly thanked the jury for their time and patience over the four-day trial.
“Please don't think that your time has been wasted sitting on this jury,” Justice Kelly said
“It was necessary for matters to proceed the way that they did, and the prosecution has now come to that determination.”
After accepting the withdrawal of the charges, Justice Kelly commended the legal parties for their assistance in the matter.
“I do congratulate the parties in discussing the matter and reached, what I consider to be an eminently sensible resolution,” she said.
Outside the courtroom, the 73-year-old doctor embraced his two family members, before shaking the hands of each member of his legal team while thanking them for clearing his name.
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Originally published as Berrimah Family Practice doctor Mohamed Jamaldeen Hassian Ali cleared of all charges
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