Dentist jury to resume today
The jury of eight men and four women deliberated for almost three hours at Cork Circuit Criminal Court.
Judge Rory McCabe directed them to suspend their deliberations at 5pm and to resume today at 10.30am.
John Tait, aged 60, of Glen House, Upper Rochestown, Cork, denies sexually assaulting the nurse at the surgery at 6 St Patrick’s Terrace, Douglas, Cork.
Maurice Coffey, prosecuting, said in his address to the jury yesterday: “You have to consider was there an assault and was there an indecent element to it. On the date (the complainant) said it happened they were alone in the practice so there was an opportunity there.”
He said the jury faced three scenarios, accepting the allegation made by the complainant in total and convicting Tait, accepting his version and acquitting him, or accepting the complainant’s account but having a doubt about the sexual part and acquitting Tait.
Tim O’Leary, defending, said: “We do not have CCTV, we do not have DNA of Mr Tait on the complainant’s breasts so we have to rely on what was said by the complainant.
“There is a significant delay. You have the events that allegedly occurred… and a complaint almost three years later. That is a factor you can take into account in looking at the reliability of what she says.
“He [Tait] answered all the questions. This is not someone who tried to avoid anything. He has a right to silence and he did not use it. He did not have to give evidence. He insisted on addressing you directly and he said it did not happen.
“He is not saying he is perfect. He accepts it is not best practice and is perhaps unethical not to have a chaperone there. He said that does not happen with a patient but it (a dental examination without a third party present) might have happened with one of his own employees.”
He asked the jury to consider that she told her mother the night after the disputed incident that Tait had told her to remove her bra during an examination and that she did so. Mr O’Leary said that despite this allegation the complainant went to work the following morning.
Mr O’Leary reminded the jury that one of the charges of sexual assault was removed by the DPP during the trial and that this related to him allegedly putting his fingers on her sternum until his fingers touched the centre wire of her bra.
The only charge on which they deliberated yesterday was the allegation by the complainant that: “He asked me could he zip it [tunic] down a bit and I said, yes… My hands were on the tunic. He lifted my vest up to here [close to her neck]… My whole breasts were exposed. I think it was like that for a minute.”
Tait denied every element of that and said it did not happen.
Asked during the trial how the case had affected him, Tait replied: “A devastating experience. It is very hard on me, my family. It has been very hard to live with. I just cannot believe it. The trauma has been phenomenal.”
Judge McCabe directed the jury to decide on their verdict based on what they had heard in court and not to take heed of any media reports on the trial.
