18 WITNESSES IN TRIAL DECISION FOR ACCUSED DOC:
Decision on rape trial will hear from 18 witnesses
EIGHTEEN witnesses will be cross-examined before a magistrate decides if former Ocean Grove doctor Shafiul Milky will stand trial for rape and incident assault.
The doctor is facing 16 charges for acts on female patients, including two counts of digital rape, seven of indecent assault and seven of intentional sexual touching.
On Friday the Geelong Magistrates Court heard three witnesses want to give evidence remotely during a fiveday hearing that will assess evidence against Dr Milky and is due to start on July 12.
During the contested committal hearing, Dr Milky’s barrister Sean Cash is also due to cross-examine a doctor, who will be treated as an expert witness, and four other people who are interstate.
Barrister for the Office of Public Prosecutions, Dianne Mitchell, said the hearing was likely to last for at least five days.
The 57-year-old’s alleged offending includes grabbing the hand of a female patient on February 6, 2019, “causing it” to touch his penis.
On September 24, 2012, at Ocean Grove he is alleged to have used a stethoscope to touch the breasts of a woman under the guise of legitimate medical procedure.
The Highton man is also charged with digital rape at Ocean Grove on October 23, 2017, and on March 5, 2018.
It was revealed in January that a former patient of Dr Milky was suing him in the Supreme
Court. It comes after he worked at the Peninsula Family Medical Practice in Ocean Grove.
The proceedings brought by the former patient allege Dr Milky sexually assaulted her on multiple occasions.
She is seeking damages for the psychological injury she says she suffered as a result of the alleged assaults.
The national medical watchdog banned Dr Milky from seeing female patients in March last year.
Mr Milky is no longer employed at the Ocean Grove clinic and his registration was suspended by the Medical Board of Australia in September.
But Dr Milky won the right to practise again when the Victorian Civil and Administrative Tribunal (VCAT) granted a stay in November.
He was hired to work at Colac Medical Centre, Colac Central Medical Centre, and Mount Clear Medical Centre in Ballarat, where Australian
Health Practitioner Regulation Agency conditions state he is only allowed to see male patients.
A review of the Medical Board of Australia’s “immediate action” decision to suspend Dr Milky in September is expected to be heard by VCAT this month.
It is unknown whether Dr Milky is still practising.
On Friday the court heard the next hearing was likely to be conducted via the online magistrates court.
Dr Milky, who is not in custody, is on summons to appear in court in July.