Physiotherapist accused of inappropriate behaviour towards female colleagues at Tipperary centre

Man admitted asking woman for hugs on several occasions but denied having a sexual motive

Sarath Divakaran is accused of 18 separate allegations of professional misconduct in relation to inappropriate behaviour and failing to maintain professional boundaries with two female staff while working at South Tipperary Therapy Services in Clonmel, Co Tipperary. Picture: Colin Keegan/ Collins

A physiotherapist accused of inappropriate behaviour towards two female colleagues at a HSE centre in Co Tipperary has admitted trying to hug one woman on several occasions, which he accepts with hindsight was wrong to do.

However, Sarath Divakaran, denied ever having a sexual motive for such physical contact.

Mr Divakaran told the fourth and final day of a fitness-to-practise inquiry of Coru — the regulatory body of health and social care professionals — he did not want a “misunderstanding” of a couple of colleagues “to define my life or to decide my future”.  

The physiotherapist is accused of 18 separate allegations of professional misconduct in relation to inappropriate behaviour and failing to maintain professional boundaries with two female staff while working at South Tipperary Therapy Services in Clonmel, Co Tipperary, between 2019 and 2022.

Counsel for Coru, Neasa Bird BL, accused Mr Divakaran of trying to hug a colleague known as Miss B every time he called into her office when he had no professional reason to see her.

Under cross-examination, Mr Divakaran accepted he had asked Miss B for two hugs at the end of a lunch in October 2019.

He claimed he wanted to give her a hug because she had been “so helpful, caring and understanding” in a conversation in which they had exchanged information about issues in their personal lives.

Asked if he was using the occasion to try and form a relationship with Miss B, Mr Divakaran replied: “Not at all.” 

However, he said he now accepted he had crossed a boundary.

Mr Divakaran agreed he was “fond” of Miss B but stressed it was “not in a sexual or any bad way but just as a person”. 

The inquiry heard the physiotherapist had subsequently visited Miss B in her office on five occasions over the following month during which he had tried on several occasions to hug her again.

The physiotherapist also rejected suggestions it was inappropriate for him to have made comments to Miss B about what she was wearing, claiming colleagues had regularly made remarks about his clothing and appearance.

He maintained asking Miss B to hold up her hair after she showed him a picture of her in gym gear was also a joke as she appeared completely different in the photo.

Mr Divakaran said he never realised his actions were making his colleague feel uncomfortable.

Ms Bird reminded him that he had texted her the following day: “I still can’t get over your gym snap” and suggested his actions consistently showed he found her attractive.

The physiotherapist vehemently rejected Ms B’s allegation that he had placed his hand on her bottom in her office on November 15, 2019, but accepted he had placed it on her head and “pecked” her on her forehead to convey a “blessing”, which he claimed was “a natural instinct”. 

The inquiry heard Mr Divakaran finally realised he was making his colleague uncomfortable when she confronted him and accused the him of “playing her like a fiddle”.

Mr Divakaran said he felt “threatened, confused and shocked” as Miss B had stated she would report the matter “to a higher level”. 

Commenting on his conduct, he said: “I could have been more professional. I have left myself down. I know that but I don’t want to come across as someone who doesn’t respect others.” 

The inquiry heard Mr Divakaran, a native of India who has worked in Ireland since 2003, is currently employed at the National Tongue Tie Centre in Knocklofty, Co Tipperary.

The medical director of the private clinic, Justin Roche, told the inquiry he has known Mr Divakaran since 2009 and regarded him as someone with “a high level of skills”. 

Dr Roche, who is also a consultant paediatrician, said he had always found the physiotherapist to be “very professional” and was very happy he was working at the centre.

The centre’s clinical director and registered physiotherapist Kate Roche gave evidence she valued Mr Divakaran’s “particular blend of skills” for working with children with complex health issues.

Following closing legal submissions, the inquiry’s chairperson, Susan Ahern, said the fitness-to-practise committee would release its findings in due course.