A CORK dentist has been found not guilty of sexually assaulting a female trainee after a judge ruled that the prosecution had failed to prove its case beyond reasonable doubt.
John Tait (58), of Glen House, Upper Rochestown, Cork had denied the single charge of sexually assaulting the young woman at his surgery at St Patrick’s Terrace in Douglas on a date between July 1st, 2005, and August 1st, 2006.
The woman had alleged she was sexually assaulted by Mr Tait within weeks of starting work in August 2005 in the course of giving her an examination to check the alignment of her teeth when he went to put a ruler between her upper jaw, her chin and her breastbone.
After hearing evidence from witnesses Judge Leo Malone said there were two entirely different versions of what happened and he found it extraordinary that the woman had not told the tutor, who had given evidence, that she had been sexually assaulted.
The judge noted that the tutor never said the woman had mentioned that her breasts had been touched.
He also found it hard to believe that the woman continued working for Mr Tait after the alleged incident and that, given the standard in criminal cases was beyond reasonable doubt, he had a serious doubt and he dismissed the charge.
The woman had told the court that Mr Tait told her that she was wearing too many clothes and asked her to remove an outer vest which she did but that he was unable to get the ruler down to her breastbone and after she undid a button on her shirt, he undid another two buttons.
“He put my hand on my chestbone and moved my breasts from side to side to get at the actual chest cavity,” said the woman, adding that Mr Tait then said that the underwire of her bra was obstructing him and suggested that she remove the bra or her shirt but she refused.
“He then said I didn’t have anything he hadn’t seen before and just laughed and called me a prude,” said the woman, adding that she felt very uncomfortable at his behaviour which she thought was completely inappropriate.
The woman, who continued working for Mr Tait until she was let go in July 2006, said that she did not do anything about the matter apart from telling a friend and a tutor on her course because she was afraid of Mr Tait. This was because he was always mentioning his close relationship with barristers. The court heard from a friend of the woman who testified that the woman confided in her some months later and became very upset.
The court also heard evidence from a tutor on the course she was attending who said the woman had complained of inappropriate behaviour.
The tutor said the woman had mentioned that Mr Tait had unzipped her top but did not mention touching her breasts and she, the tutor, had suggested that the woman should discuss the issue with him but she did not investigate it herself or refer the matter to the Garda.
Mr Tait strongly denied that he had carried out any such examination on the woman or that he had touched her breastbone or asked her to take off her top or that he had sexually assaulted her or behaved in an inappropriate way towards her while she worked for him up until mid-2006.
In a separate case Mr Tait was convicted last October at Cork District Court of a single count of sexually assaulting a trainee dental nurse at his practice and yesterday his solicitor, Frank Buttimer confirmed that this conviction is currently under appeal.