Psychiatrist appeals his conviction for sex with patient

As reported in the Examiner

A psychiatrist who was found guilty in Launceston, Tasmania of having sex with a patient has appealed against the finding of professional misconduct and lengthy ban in the Tasmanian Supreme Court in Hobart.

Ian Anthony Martin appealed on the grounds that a DNA sample match used as evidence should have been inadmissible as it breached the rules of evidence.

Dr Martin's counsel Dyson Hore- Lacey said that the match of DNA taken from vaginal swabs from the complainant and Dr Martin had been passed on to the Medical Complaints Tribunal by police illegally.

Mr Hore-Lacey also said that the complainant could have "planted" the DNA sample, as the sample was not semen but another substance.

In September, the Medical Complaints Tribunal found Dr Martin guilty of having a six-week sexual relationship with his client that was sexually predatory.

Dr Martin denied the claims, but the tribunal was told there was a one in 1.1 million chance that DNA found from the complainant's vaginal swabs were not from Mr Martin.

Dr Martin was deregistered for 15 years, which meant he could not practise anywhere in Australia for that period.

Tribunal counsel Philip Jackson said that the tribunal was not bound by the rules of evidence and had a right to inform itself in any way.

He said that the DNA sample "almost certainly" did not affect the outcome, which would have been guilty even without that evidence.

Mr Jackson also quoted Dr Martin that the idea the complainant planted the sample was a "flight of fancy" and "pure speculation".

Justice Peter Evans has heard the arguments and will hand down his decision soon.