Jury fails to reach verdict in trial of dentist accused of sexual assault

THE jury in the trial of a dentist accused of sexually assaulting a dental nurse failed to reach a verdict yesterday after almost seven hours of deliberation.

The jury of eight men and four women began deliberations at lunchtime on Wednesday, and at 4pm yesterday Judge Rory McCabe asked them: “Do you believe, if given more time, there is a prospect you will arrive at a majority verdict?” The foreman replied: “No.”

Judge McCabe then directed him to write the word “disagree” on the issue paper.

“I would like to thank you. I know it is very inconvenient to be dragged away from your lives and families, but you have put in a good shift. It is unfortunate you were not able to reach a verdict one way or another.”

Judge McCabe adjourned the case against Tait to the second next sessions of Cork Circuit Criminal Court, which begin on April 23.

John Tait, aged 60, of Glen House, Upper Rochestown, Cork, denied sexually assaulting the nurse at the surgery at 6 St Patrick’s Terrace, Douglas, Cork.

The woman who is now in her mid-20s, had testified that she was offered freed treatment. She said that during an examination: “He had his hands on my jaw. He came down with his fingers on my sternum between my breasts.”

She claimed he told her she had a very low sternum and he could not reach it due to the wire of her bra and, if possible, could she go to the bathroom and remove her bra and come back. She did so and was wearing a vest and tunic.

“He asked me could he zip it (tunic) down a bit and I said, ‘yes’,” and added that the dentist was taking notes and asked her to sit back in the chair.

“Then he said: ‘Quickly, quickly, get up.’ 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,” she said.

Every aspect of these allegations were denied by the accused. He said he did not ask her to remove her bra, he did not unzip her tunic, and he did not lift her vest. Asked if anything untoward occurred, Tait replied: “Not that I was aware of.”

Prof Robert McConnell of the dental hospital at Cork University Hospital said it was unethical for a male practitioner to carry out an examination of a patient without an assistant or chaperone.

Tait said: “Normally now I would have someone else in the room. Prior to that I did not think it was a huge issue. In hindsight one should have someone present in the room.”