An American doctor who was accused of sexually assaulting a patient at his surgery in county Cork amid claims that he touched her vagina and asked her about the size of her breasts after she went to the surgery with cramps was found not guilty by a jury today, writes Olivia Kelleher
The jury in the trial of Dr Michael Obrowski were unable to come to an unanimous verdict in the case. However, when Judge Sean O'Donnabhain gave them the option of returning a majority verdict the jury of eight men and four woman cleared the doctor of all wrongdoing. The jury were discharged yesterday morning (Wed) and concluded their deliberations mid afternoon.
Dr Obrowski (59) had denied a single charge of sexually assaulting the woman at his surgery in Midleton, Co Cork on March 29, 2012.
The young woman said in evidence on Tuesday that she had gone to the doctor at Corrabey Court in Midleton complaining of stomach pain and diarrhoea. She testified that the doctor proceeded to conduct an examination of her vagina, breasts and rectum.
When the trial started the woman said : "I would like to withdraw my complaint." She told Judge O'Donnabhain that withdrawing her complaint would close a chapter in her life that she didnt want to think about any more.
The Judge asked her if she was refusing to give evidence. She said : "I am not refusing, no."
She told the court that she was perplexed by what occurred when she told the doctor of her symptoms.
“He said he would examine me for breast size. He also did a vaginal examination and a rectal examination. He said, ‘Have you shaved for me?’ And I said no. He told me to lie down on the floor. He did a vaginal examination and a rectal examination with no reason,” she said.
The woman said at a previous appointment with Dr Obrowski in late 2011 at his previous clinic in Cork city the GP had examined her like a gynaecologist.
"He put his finger inside my vagina, and then he put his finger inside my rectum,” she said, adding that he wore gloves during the examinations.
The GP's barrister, Donal O'Sullivan, asked why she hadn't mentioned the rectal examination in her first garda statement. The woman, who is in her mid twenties, said she was too ashamed to mention it as she was being interviewed by a male member of the Force.
Mr O'Sullivan said it was his client's contention that he couldn't have treated her on March 29, 2012 as the surgery was being painted that day.
Dr Obrowski denied any suggestion that he examined the woman vaginally or rectally and that he did not recall having her as a patient in his clinic. He produced a computer calendar that marked the clinic as being painted on March 28, 29 and 30.
A painter, Adam Paulik, confirmed that he worked at the clinic towards the end of March 2012. However, he could not say if he was present onsite on March 29th.
Commenting on the allegations made by the woman Dr Obrowski said "There is no truth to it at all."