Wendy Tuohy: Melbourne Health sexual harassment report on Robert Doyle allegations is a justice-free joke
AN “inconclusive” finding from the latest inquiry into Robert Doyle’s alleged sexual misconduct denies the victim justice and will put other harassment victims off coming forward, writes Wendy Tuohy.
Wendy Tuohy
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THE “inconclusive” finding of the Health Department’s inquiry into sexual misconduct allegations against disgraced former Lord Mayor, Robert Doyle, should have been received with widespread anger.
Had the report into allegations arising from his time as chair of Melbourne Health not been dropped on the eve of one of the quietest news days in the year, no doubt it would have been.
It is not just a cop out to declare no firm finding can be delivered — despite the fact the victim’s claims against then Mayor Doyle had been taken as factual inquiring QC, Charles Scerri — it denies the victim justice and will put other harassment victims off coming forward.
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This weak outcome sends a message that what Scerri says would amount to “serious misconduct of a sexual nature” can go without consequence if the alleged perpetrator is unwilling or not available to testify.
Mr Doyle participated in the Melbourne City Council report which upheld four counts of misconduct against him, by Dr Ian Freckelton, QC, but he went to hospital due to mental ill health after receiving the draft report and was unavailable to respond to it.
Charles Scerri made it clear he does not dispute the fact of the sexual harassment complaint made by a woman seated next to Mr Doyle at a 2016 Melbourne Health gala in honour of the work of her then fiancee, a senior specialist.
“Mr Scerri has no reason to doubt, and at present does not doubt, the veracity of the Complainant”, said the report’s brief summary released on Tuesday night.
“However, because of ill health, Mr Doyle has been unable to respond to the allegations. In the absence of any response from Mr Doyle, Mr Scerri is not able to reach, and has not reached, any conclusions about the allegations.”
A family friend of Mr Doyle told the Herald Sun today that the former Mayor “wanted to co-operate” with the Scerri inquiry and had hoped to do so when his health improved, and the inquiry had been told late last week that on doctors’ advice he was unable to.
The woman’s husband has said today though, rightly, that leaving this investigation “hanging” because of a lack of response from Mr Doyle was “an invalidation not just of her (his wife), but of anyone who’s been through this.”
The woman, known as Carla, has detailed the trauma she suffered while being allegedly sexually harassed at the June 2016 event held to present her husband with an award, and outlined how she did not wish to make a complaint lest it impact her now husband’s career.
She has stated she only came forward after hearing public figures imply Doyle’s accusers were “liars”.
Jeff Kennett labelled them “bloodhounds” whose targets may be friendly men.
Carla told ABC radio: “It was halfway in conversation that he placed his hand on my thigh (under the table at which they were both seated) … it was not accidental. It was intentional.
“I found that each time he placed his hand on my thigh he left it there for longer. And it appeared to be creeping up my leg, very close to my, I can’t even say it. My groin.
“I was concerned that it would go beyond that. Beyond, right near my, my genitalia.”
Mr Scerri was convinced of her truthfulness, but was apparently unable to back it with a finding with any clout or consequences. What use is that?
Why release this doughnut of report at all, then, until Mr Doyle is deemed fit to speak?
A “we believe you, but …” for the alleged victim is just good enough, it cannot help but sustain doubt about the seriousness of what Mr Scerri is satisfied did happen.
In his cover letter to the Health Department, Mr Scerri noted that two other women who had made allegations against Mr Doyle declined to make official complaints to his inquiry for fears of the publicity, due to “Mr Doyle’s very high public profile”.
So in the end, we have three women whose alleged experiences have not been adequately addressed.
The upshot is that women experiencing harassment or sexual assault in a professional environment or work situation may well decide it is not worth going through the ordeal of an official complaint — as Carla was reluctant to.
Despite all the hot air surrounding this inquiry, it has amounted to, and will change, nothing. Quiet news day or not, if you care about making the workplace a safer place for yourself, your daughter, sister, partner or wife, get angry — do not simply let this slide.
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