GP Shafiul Milky to face new trial over alleged rape of female patients

A doctor jailed for 14 years for raping two women and sexually assaulting four others will face a retrial after arguing the judge made “incurable” errors.

Ocean Grove doctor Shafiul Milky will face a new trial over rape and sexual assault claims after his appeal against a 14-year prison term and convictions was successful. Picture: Facebook

A doctor jailed for 14 years for raping two women and sexually assaulting four others will face a retrial after arguing the judge made “incurable” errors.

Shafiul Milky, 60, was jailed for a minimum of 11 years for alleged sexual offending against six female victims, five of which were patients at the Peninsula Family Medical Practice in Ocean Grove.

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.

But Court of Appeal judges Karin Emerton, Phillip Priest and Stephen Kaye on Monday set aside the jury’s verdict and ordered a new trial, finding Mr Milky had suffered a substantial miscarriage of justice.

The ruling has rocked one of his alleged victims, Fran Millington, who must now prepare to return to court to give evidence against the GP.

Ms Millington, who has given permission to the Geelong Advertiser to be identified, said she would “continue the fight” for justice.

“It feels like another bump in what has been a very long road,” she said.

Mr Milky’s defence barrister, Theo Kassimatis KC, successfully argued his client had received a substantial miscarriage of justice because the trial judge’s directions on tendency evidence and reasoning were flawed.

Dr Shafiul Milky allegedly assaulted six patients.

The prosecution alleged that Dr Milky had a tendency to use his position as a doctor to engage in touching or penetration which was sexual and not warranted by a legitimate medical purpose during consultations with female patients.

The appeal court heard the trial judge erred by expanding the prosecution’s case on tendency – directing the jury that they could use tendency evidence on three “uncharged acts” which the prosecution had not relied upon for that purpose.

Mr Kassimatis also successfully argued his client was denied procedural fairness.

He said Judge Felicity Hampel did not direct the jury in accordance with sections 43(1) and (3) of the Jury Directions Act 2015, and gave reasons declining to give the requested directions which were neither adequate nor good.

Justice Emerton, Justice Priest and Justice Kaye said the error in the directions on the first ground of appeal “infected” the jury’s considerations.

“We cannot conclude that it would not have made any difference to the jury’s verdicts,” their decision read.

“We are therefore satisfied that there has been a substantial miscarriage of justice.”

Mr Milky also argued clinical records suggested the date one of his alleged rape victims nominated showed she had been seen by a different doctor.

The appeal court found that GP mentioned, who also worked at the Ocean Grove clinic, should have been called during the trial or the jury directed as to why she had not been.

Furthermore, a nurse who gave evidence that she was present as a chaperone during examinations of this kind contradicted the evidence of a second complainant.

The prosecutor told the jury that a receptionist may have been present instead, but did not identify and seek to adduce evidence from the receptionist.

The appeal court said Milky had succeeded on his grounds of appeal.

“It follows that the application for leave to appeal against conviction must be granted, the appeal allowed, the convictions set aside, and a new trial ordered,” it said.

Mr Milky has been released on bail pending the retrial.

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Originally published as GP Shafiul Milky to face new trial over alleged rape of female patients