Judge says nurse has right to rebut charge

A middle-aged male nurse is trying to get a disciplinary charge against him stopped after he allegedly had a sexual relationship with a 14-year-old boy who was his patient.

The teenager gave a statement to a lawyer about what he said happened but never signed the statement and has now withdrawn it, saying he could not ruin the nurse’s life like that.

A disciplinary charge of professional misconduct was laid against the drug and alcohol nurse. The evidence against him was based on circumstantial evidence and hearsay statements including from five people who said they heard the teenager talking about the relationship between himself and the nurse.

The nurse denied any sexual relationship and asked the Health Practitioners Disciplinary Tribunal to strike out the teenager’s unsigned statement, and stop the charge against him.

When the tribunal refused, the nurse asked a High Court judge in Wellington to review the decision.

Justice David Collins said if the teenager’s unsigned statement and the other hearsay statements were ruled inadmissible, the charge against the nurse could not be proved and should be stopped.

He agreed with the nurse that it may undermine his ability to defend himself if he was not able to directly challenge the teenager.

The teenager would not give evidence voluntarily and the prosecution would not try to force him because of concerns about his health.

The judge directed the tribunal to reconsider its decision not to stop the charge. But he also said the tribunal could reassess the health and safety concerns if the boy was to give evidence to the tribunal.

If there was no compelling reason for him not to give evidence, then it would be a breach of the nurse’s right to natural justice for the tribunal to hear the charge without giving the nurse the chance to challenge the teenager’s evidence.

The nurse was in his 40s in 2012 when he began working with the teenager who was then 14.

The nurse agreed he had not kept within professional boundaries and had given him used electronic gear and smaller gifts.The nurse has already faced disciplinary charges about that conduct and his failure to give him safe and competent care, for which he was found guilty, censured and suspended from practising for six months.

He has not worked again as a nurse since then, even though he could have.

With the outstanding charge against him, he recognised there was little chance of him being employed as a nurse, so has been working as a handyman and elder care worker.

The judge said the teenager had a very troubled life. He had a history of acts of rage, and was described as a compulsive liar with multiple mental health problems.

The nurse, and his then partner, was alleged to have had the teenager at his home for weekends of respite care, and he drank alcohol and smoked cannabis while there, and when the nurse’s partner was absent, the pair had a sexual relationship.

After the nurse stopped working with him, the teenager allegedly became upset and confused, and attempted suicide.

In deciding that the nurse should have the right to challenge the teenager’s evidence, the judge said the charge was very serious, and equated to an allegation of criminal conduct.

The identities of the teenager and the nurse were suppressed.

A disciplinary charge of professional misconduct was laid against the drug and alcohol nurse.