Retired doctor extradited from NSW pleads not guilty to indecent assault

A patient who was allegedly indecently assaulted by his GP two decades ago has told a Tasmanian court that he was frightened of reporting the incident at the time.

The hearing for retired doctor Michael Anthony Welch, 65, was before the Hobart Magistrates Court on Friday.

Mr Welch practised as a GP in Tasmania from 1984 until his retirement in 2019.

Last year, he was extradited from New South Wales to face three indecent assault charges.

Mr Welch pleaded not guilty to the charges.

In his opening statement, prosecutor Adam Godleman said the first two charges related to a complainant who was allegedly assaulted twice during a consult in late 2004 or early 2005, when he was 18 or 19 years old.

Mr Welch has denied these allegations.

Complainant alleges he was 'frozen, eyes wide'

Mr Godleman said the first charge related to a groin assessment, where the complainant was standing and Mr Welch was seated, and the second charge involved the young man lying on the bed while his penis was assessed.

The complainant told the court that he went to Mr Welch because he was known as an LGBTQI+ friendly doctor.

"It was quite well known in the gay community that there was a gay doctor you could go to,"

he said.

He said the alleged assaults occurred when he attended for a "sexual health check-up".

The complainant described that when he stood up for the first examination, Mr Welch indecently touched his genitals over the top of his underwear and flicked the waistband.

He went on to say that when he was lying on the bed, Mr Welch allegedly began stroking his genitals.

"[I was] shocked … frozen, eyes quite wide," he said.

"He said to me, 'You're so cute, you're going to get me into trouble, I have to stop'."

The complainant said he didn't say or do anything while the allegations unfolded.

During the cross-examination by Mr Welch's lawyer, David Edwardson KC, the complainant was asked why he had waited until 2023 to report the incident to the Australian Health Practitioner Regulation Agency (AHPRA).

"I was genuinely frightened," he said.

"I was very young. I did not think anyone would believe me. Who is going to believe an 18–19-year-old guy over a doctor?"

Doctor denies allegations

During his evidence, Mr Welch denied the allegations and denied making any inappropriate comments.

Mr Welch said the complainant had asked for a sexual health examination, which he provided in a professional way.

"It was all within [the] constraints of a normal examination," he said.

He said he had no sexual interest in the complainant and was not attracted to him.

He said that during the examination on the bed, he was looking at the complainant to gauge whether he was in pain or discomfort.

"If someone felt like they were not happy with the outcome, they would feel comfortable to raise that," he told the court.

In his closing submissions, Mr Edwardson said the complainant's evidence was "bristling" with reasonable doubt.

He said the complainant had told AHPRA in 2023 that he had gone to see Mr Welch for a sexual health assessment, including an STI screening.

"When pressed [during evidence], it became obvious there was no testing for STIs," he said.

The complainant's cousin also gave evidence in court that he had told her about the incident shortly after it allegedly occurred.

Mr Edwardson highlighted in his closing statement that there were inconsistencies between their two statements: the cousin said the complainant was examined and grabbed under his underwear while standing, while the complainant said it was over his underwear.

Man's penis groped during ear piercing

The third charge of indecent assault related to when Mr Welch was piercing the second complainant's ear.

Mr Welch told the court he began providing professional piercing services in the early 2000s.

Mr Welch denied the allegation that when a part of the piercing fell into the man's lap, he groped the man's penis and testicles.

The matter will return to court in December, when Magistrate Jackie Hartnett is expected to hand down her findings.