Darwin GP Mohamed Jamaldeen Hassian Ali on trial for allegedly ‘suckling’ patient’s breasts, rape

A Darwin doctor has faced the first day of a Supreme Court trial, pleading not guilty to four counts of gross indecency and one count of rape.

Berrimah Family Practice doctor Mohamed Jamaldeen Hassian Ali leaves the NT Supreme Court. Picture: Pema Tamang Pakhrin

A Darwin GP who allegedly “suckled” on his patient’s breasts to induce lactation before digitally raping her in his surgery has faced the first day of his trial in the Supreme Court.

Berrimah Family Practice doctor Mohamed Jamaldeen Hassian Ali, 73, pleaded not guilty to four counts of gross indecency and one count of rape.

In his opening address to jurors, Crown prosecutor Steve Ledek said the woman aged in her 40s had visited the clinic in late 2021 for advice on menopause related unexpected lactation.

Mr Ledek said he expected the jury would hear evidence that the doctor asked to examine the woman’s breasts, to which she agreed, before “squeezing them” and then “moved his face forward to her breasts and said ‘May I?’.

He said the woman said ‘No’ and Ali gave her a swab so she could take her own sample later and she made another appointment for the following week.

Berrimah Family Practice doctor Mohamed Jamaldeen Hassian Ali, 73, pleaded not guilty in the Supreme Court to four counts of gross indecency and one count of rape. Picture: Pema Tamang Pakhrin

At the next appointment, Mr Ledek said Ali asked the woman if she had collected the sample and she replied that she had not.

“At that point, he then asked that same question ‘May I?’ go ahead and suckle on her breast, or suck her breast, with the intention to draw out the lactate for sampling,” he said.

The doctor then allegedly “proceeded to put his mouth on her nipple and suck for a period of time” before doing the same to her other breast, causing her pain, before taking a swab and organising another appointment.

At the next appointment a week later, Mr Ledek said the same thing happened, this time “causing significant pain”.

“She attempted to pull away and that’s when he bit down on that nipple,” he said of the prosecution’s case.

“He put his arm around her back, pulling her closer to him, preventing her, on that occasion, she says, from pulling away.”

Then at the woman’s next appointment another week later, Mr Ledek said Dr Ali again sucked on her nipple before he “escorted her to the bed” and “instructed her to lay down”.

“He then approached her and removed her underwear himself, discarding them onto the floor and she asked ‘What are you doing?’,” he said.

“The doctor replied ‘We need to get a sample’ and the complainant asked ‘Where from?’.”

Dr Ali then allegedly put on a pair of gloves and started rubbing an unknown substance on the woman’s vagina before penetrating her with his fingers and then taking a sample for testing.

In reply, defence barrister Mary Chalmers SC said there was no dispute that Dr Ali took the vaginal swab and “sent it off to the lab in the ordinary course of business”.

But Ms Chalmers said it was the defence case that “there was no sexual assault of any description during any of those four medical appointments” and “that (the complainant) is not an honest or reliable witness”.

Ms Chalmers said ”the nature of the relationship between Dr Ali and (the complainant)” was also in dispute, inviting the jury “to assess for yourself who was exploiting who”.

By way of example, Ms Chalmers read from a text message the woman had sent a friend “about how to get Dr Ali to prescribe painkillers which (she) could then give to (her)”.

“(She) sent a message to her friend on that occasion, which you’ll hear about in evidence, saying, and this is referring to Dr Ali: ‘Tell him (another doctor) freaks you out with the praying and shit, Ali will eat it up’,” she said.

The trial continues on Wednesday.