ALLEGED ASSAULT.

Otago Daily Times, Issue 20869, 8 November 1929, Page 9

ALLEGED ASSAULT.

INDIAN DOCTOR CHARGED.

PHOTOGRAPHS FOUND

(Special to Datt.v Times.)

AUCKLAND, November 7.

The last case on the criminal calendar of the present quarterly Supreme Court sessions was reached to-day when Dr Balder Singh Share, aged 48, an Indian doctor (Mr Singer and Mr M’Liver), stood trial on a charge of indecently assaulting a woman, aged 28. At the request of the Crown Prosecutor (Mr V. R. Meredith), Mr Justice Herdman had the court cleared. Witnesses were ordered out.

Mr Meredith said that the accused was a medical practitioner practising in Auckland. There was an element of false representation in the charge, in that the accused was alleged to have committed the offence under the guise of making a medical examination. Confidence was reposed in the professional honour of medical men, and this rendered deception the easier. The girl who was the principal witness in the case worked in a clothing factory. She ran a large needle into her thumb and fainted with the pain, Dr Brockway was sent for, and he took her to his rooms to dress the hand temporarily. He asked her to return in case an X-ray examination might be necessary. She noticed the name of Dr Share over a room in the building, and assumed that he was the doctor who had attended to her. When the, girl returned next day she met Dr Share, and when she said that she was looking for Dr Share he took her into his rooms. After dressing her finger he suggested that she was in a low condition of health, and got her consent to a thorough examination. It was then that the offence was alleged to have taken place. He gave her a prescription and offered to give her a certificate that she should not return to work for a fortnight. The accused showed her photographs, the first of which were quite decent and respectable, but later he showed her some, than which it would be impossible to conceive anything more disgusting. She had a hurried glance at them and was able to identify some of them again. On returning to work she told her mate what had happened, and later the'police were informed. When interviewed by the police Share admitted the truth of the girl’s story up to a point, but denied any improper conduct. When the police found the photographs described by the girl the accused said: “ Someone must be trying to put it across me,” and mentioned another doctor: If the jury decided that the girl’s story was true, then there could be no doubt that the accused was guilty of the assault charged. The photographs that had been found were an indication of the type of mind of the man who kept them in his wallet. Evidence was given by the young woman upon whom the assault was alleged to have been committed., She said that when she discussed with the accused about going back again she had no intention of going back alone. ' She identified a number of the photographs complained of, and these were shown to thd jury. She told what had happened to a young man with whom she was friendly. 1 When Mr Singer asked permission for the jury to inspect the accused’s rooms, Mr Meredith stated that they had been altered since September 26. The door would not open in the same way now. Mr Singer said that could be explained to the jury. The jury inspected the rooms before Mr Singer commenced his cross-exami-nation.

Evidence was given by an apprentice who worked with the principal witness. She said that when the first witness returned from the visit to Dr Share she was looking flushed and frightened. She had complained of his conduct. F. L. Armitago, bacteriologist at the Auckland Hospital, detailed the results of a bacteriological examination he had made of a-garment submitted to him. Corroborative evidence was given by Dr W. Gilmour, pathologist at the Auckland Hospital. Detective Sergeant Kelly described an interview which Detective Sneddon and ■he had with the accused' at accused’s rooms. The accused said thathe recollected a young woman going to his consulting rooms, and he noticed something strange about her demeanour. The question of her general health was raised and he examined her. The accused ‘ denied having shown her indecent photographs in his possession.. He was a member of the Stereoscopical Society of London. He showed witness some photographs of the ordinary type, and, on being further pressed, he produced 34 more from an attache case. The accused denied having shown these to his patient. Witness asked him how the woman could have described them if he had not shown them to her. The accused became heated and said that someone was “ trying to put one across him.” So far as the accused knew the only person who knew he hkd those indecent photographs was his wife. Witness described in detail the layout of the accused’s room 1 .

His Honor: Who uses that room? Witness: Apparently the first doctor who gets there uses it. It is known, sir, as a common room.

Continuing, witness said that when arrested the accused said; “It is untrue, but I will admit that some vciy bad photographs were found. I have been up against it for some time. If 1 sell my home and leave the country will it make any difference? This will kill my wife and son.”

This evidence was corroborated by Detective Sneddon and Detective Sergeant Doyle,

Addressing the jury, Mr Singer described his client as a gentleman of culture and education and high attainments as a medical man. Because of his professional standing the issue was one of the utmost gravity to him. An adverse verdict would mean utter, absolute, blank ruin, the deprivation of his livelihood, and his becoming ah outcast from society and his profession. It was the glory of English justice that the fact that a person was not of the English race was never allowed to interfere with the course of that justice. Not only was the accused an English subject, but he also was a New Zealander! Counsel said he would call evidence to show that two persons had looked into the room during the time that the offence was alleged to have, been committcd. There was no proved offence, only inference and conjecture. Mr Singer intimated that he intended to call the accused as his first witness, and the court adjourned. His Honor declined to allow the accused his liberty.