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Sunday, February 22, 2015

Pediatrician concedes that hog-tying seven-year-old boy was inappropriate

A pediatrician from Australia's Gold Coast accused of "hog-tying" a seven-year-old patient has conceded in court that in hindsight his actions were inappropriate. Dr Neville Davis was charged with common assault after the boy's mother alleged he "hog-tied" the seven-year-old's hands and ankles, and sat on his back during a patient consultation in October 2012. Dr Davis told a summary trial in the Southport Magistrates Court on Wednesday morning that although he had tied the boy up, he had not sat on him.
He said he squatted over the child to demonstrate the technique that Dr Davis said would help control the boy's "dangerous and disruptive" behavior. Dr Davis said the technique was intended to be a distraction but it had not worked, and in hindsight he could see it was not appropriate. The court heard conditions set by the Australian Medical Board since the allegations required Dr Davis to have a chaperone present during consultations, as part of his medical registration conditions.
When the police prosecutor questioned Dr Davis in court, he asked: "Have you ever used the technique before or since this consultation?" Dr Davis replied: "No, because it hasn't been necessary." The prosecutor asked: "Do you accept your actions were an aberrant lack of judgment considering your exemplary history caring for children?" Dr Davis replied: "Yes." Meanwhile, defense barrister Kerri Mellifont told the court the claim by the boy's mother that Dr Davis sat on her child was a "ludicrous proposition".

Ms Mellifont said the boy's mother had changed her evidence to make her story fit and was not a trusted witness. The defense lawyer said the mother's claim the doctor tied a rope around the boy's neck did not fit with other evidence. But the mother, who took several pictures of the incident, claims he wrapped the rope around the boy's neck, sat on him and threatened to put the boy's head in the toilet. The trial has been adjourned until a date to be fixed.

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