Shafiul Milky seeks retrial over rape conviction and sentence in Court of Appeal

A doctor jailed for 14 years for raping two patients and sexually assaulting others is seeking a retrial, arguing an error from a judge was prejudicial to the jury that convicted him.

Dr Shafiul Milky was jailed for a minimum of 11 years for the rape and sexual assault of women. Picture: Mark Wilson

A doctor jailed for 14 years for raping two patients and sexually assaulting others is seeking a retrial, arguing errors from the judge and prosecution were prejudicial to the jury that convicted him.

Shafiul Milky launched an appeal against his conviction and sentence in Victoria’s Court of Appeal, claiming he did not receive a fair County Court trial before Judge Felicity Hampel.

Milky, 60, was jailed for a minimum of 11 years for what Judge Hampel described as “predatory” and “serious sexual offending” against six female victims, five of which were patients at the Peninsula Family Medical Practice in Ocean Grove.

Shafiul Milky was found guilty for crimes against six patients.

His sentence, in April last year, came after a jury found him guilty of two counts of rape, nine counts of sexual assault and four counts of indecent assault, between 2012 and 2019.

Another of his victims was visited by the doctor as part of the National Home Doctor Service. Court of Appeal judges Karin Emerton, Phillip Priest and Stephen Kaye on Friday adjourned the hearing, with a decision reserved.

Mr Milky’s defence barrister, Theo Kassimatis KC, argued there had been a miscarriage of justice with how the trial was run and prosecuted against his client, who appeared via video link from prison.

Mr Kassimatis told the court Judge Hampel had erred with how she directed the jury, with potential prejudicial evidence of “uncharged acts” wrongly given to them as tendency evidence.

This error has been accepted by the judge and prosecution, but who argue its inclusion does not constitute a miscarriage of justice.

Mr Kassimatis also raised a significant “shift” in how the prosecution presented the case throughout the course of the trial as grounds for a retrial, after one victim changed the date she was raped by Mr Milky.

The prosecution told the jury during its opening the woman had been raped in October 2017.

They would later be told it was February of the same year.

Peninsula Family Medical Practice in Ocean Grove where Dr Shafiul Milky worked. Picture: Brad Fleet

Mr Milky argues clinical records prove the date she nominated showed she had been seen by a different doctor.

The appeal court was also told the other GP mentioned was not called during the trial.

Justice Priest questioned if there was a reasonable explanation as to why the witness wasn’t identified.

“She was just down the road,” he said.

“This was of momentous importance to the trial.”

Mr Kassimatis told the judges “what is relevant is at no point was it ever suggested before the prosecution address to the jury that the clinical notes were wrong, they had been tampered with, or that they couldn’t be relied upon”.

Mr Milky remained calm throughout the hearing.

He was well groomed, wearing a green long sleeved shirt, with a trimmed greying beard and reading glasses.

A pair of crutches could be seen leaning against the wall behind him.

A date for the appeal judgment is yet to be set.

[e-mail]

Originally published as Shafiul Milky seeks retrial over rape conviction and sentence in Court of Appeal