A High Court judge today reserved his judgment on a doctor's application to have struck out a complaint against him of having an affair with a patient 20 years ago.
The Health Disciplinary Tribunal laid the complaint against the GP, who has name suppression, last month.
It alleges that between May 29, 1987 and December 31, 1988 the doctor had sexual relations with a woman while she and her family were in his care.
The doctor has admitted having sexual relations with the woman, but denies that she was a patient at the time.
His lawyer Harry Waalkens told Justice Robert Dobson in the High Court at Wellington today because there were no existing medical records for the family during the specified period, the doctor could not prove the woman was not his patient.
He argued that witness accounts would not be reliable given the time that had passed since the events, and therefore the doctor could not reasonably defend himself against the complaint.
He emphasised the seriousness of the charges, saying that if his client was found guilty his livelihood was at risk.
Theo Baker, for the tribunal, agreed that the doctor could be struck off if he was found guilty but said that was not the issue before the court.
She said the judge was being asked to rule as to whether the case should proceed in the first place.
Outside the court Ms Baker told NZPA the reason for the 20-year delay in charging the doctor was because the patient's ex-husband had only recently lodged a complaint with the tribunal after hearing that the doctor was to stand for a public official position.
Justice Dobson reserved his decision.
