R v Fernando

The appellant, Dr Theomal Hirantha Joseph Fernando, appealed against his convictions on 26 counts of indecent assault. The appeal was dismissed by the Court of Appeal of New Zealand. Dr Fernando was a registered medical practitioner in New Plymouth, who was convicted of indecently assaulting ten complainants over a span of 21 years. The jury was directed on the significance of delay, similar fact evidence and the absence of a "lies" direction. The appellant submitted that the jury's verdicts were perverse and unreasonable. The appellant further submitted that the jury's deliberations were irregular, as the foreman of the jury was biased against him, and pressured Juror S, resulting in her ill health and subsequent discharge. The Court found that none of the grounds advanced in support of the appeal had been made out, and dismissed the appeal.