Royal Perth doctor Suhail Ahmad Khan Durani, jailed for sex assault
Angie Raphael
Perth Now
July 13, 2011
A PERTH judge says a doctor convicted of sexually assaulting a 'sick and vulnerable"' 19-year-old patient while examining her committed a "despicable" breach of trust.
Suhail Ahmad Khan Durani, 35, was sentenced in the Perth District Court today to two years and four months in prison.
He was convicted last month on three counts of indecently assaulting the woman by grabbing her breasts and two counts of digitally penetrating her without consent.
The offences occurred at Royal Perth Hospital on February 20 last year when the diabetic woman, who cannot be named for legal reasons, was admitted with high blood sugar levels.
During sentencing submissions, Durani's lawyer George Papamihail asked for a suspended prison sentence, arguing that there were ``exceptional circumstances'' for his client who had already suffered a ``universal fall from grace''.
``He's lost his profession for all time,'' he said
Mr Papamihail said there had not been any other allegations made against his client and the offence was out of character.
He said Durani was not likely to reoffend, so it was ``doubtful'' that a prison sentence would help with any rehabilitation and would only negatively impact on Durani's wife.
``She will be left financially and socially destitute,'' he said.
However, prosecutor Paul Yovich argued that Durani's circumstances were ``not sufficiently exceptional'' to grant a suspended sentence.
While he accepted that Durani's wife and young son were ``innocent victims'', Mr Yovich said they were victims of Durani's conduct and not the law, which had an obligation to deal with Durani.
He said Durani could still apply, at a later date, to become a registered doctor again.
In sentencing, Judge Allan Fenbury said the woman was in hospital due to ``personal neglect'' of her diabetes but had trusted that Durani was carrying out legitimate medical examinations of her rather than seeking sexual gratification.
``Your conduct in pretending to professionally examine and then take sexual advantage of a sick and vulnerable young woman seeking medical treatment was quite despicable,'' he said.
The woman only realised what was happening when Durani tried to kiss her, the judge said.
Judge Fenbury told Durani the effect of his conviction and sentence would be ``obviously catastrophic'' for him and his young family, who have only lived in Australia for three years, having moved from India.
However, he said the fact that Durani did not plead guilty to the charges, and instead required a trial, meant he had to take that into consideration in sentencing him.
``It cannot be said that you are remorseful,'' he said.
Judge Fenbury noted that Durani had several character reference letters from doctors who expressed ``disappointment'' at Durani's conviction, as well as 11 other people who made themselves available by telephone.
``Clearly you were well regarded by your colleagues in the medical profession,'' he said.
Judge Fenbury said Durani had no previous criminal record and had dedicated his life to helping the ill before this incident.
``I have no reason to doubt you were very good at what you did,'' he said.
However, Judge Fenbury said the crime committed was ``too serious'' to warrant a suspended prison sentence.
``Along with your liberty, you stand to lose your livelihood and family home,'' he said.
``Your wife will have to battle on without a husband in a place where she has no family.
``Your son will also have limited access to his father.''
Outside court, Mr Papamihail told reporters his client maintained his innocence and had instructed him to appeal the conviction.
Mr Papamihail said it was not fair for a measure of a man to be made based on one event.
``It's not a matter of me being personally affected,'' he said.
``For every client that I act for, if they tell me that they're innocent, it's important.''
Durani will be eligible for parole after serving 14 months.
