Dapto GP's sex assault case up to jury

Jurors in Das Vithal Balgi's sexual assault trial are expected to retire and consider a verdict on Tuesday. Picture: KIRK GILMOUR
Jurors in Das Vithal Balgi's sexual assault trial are expected to retire and consider a verdict on Tuesday. Picture: KIRK GILMOUR

JURORS in the trial of a Dapto Medical Centre GP accused of sexually assaulting his patient, heard closing submissions in Wollongong District Court on Monday.

Das Vithal Balgi sat silently in the dock as the panel of nine men and three women listened to the final summations of the Crown prosecution and defence cases.

In her closing address to the jury, Crown prosecutor Kate Ratcliffe spoke of how the 71-year-old used his patient's trust against her.

"The only reason [the alleged victim] got on to that examination table was because she trusted him as her GP of some nine years standing," Ms Ratcliffe said.

"She thought she was receiving proper medical treatment ... she was terribly mistaken."

Referring to evidence given by expert witness Dr Maria Nittis last week, Ms Ratcliffe told the jury: "Pretty well none of the actions of the accused on 12 March, 2012 in the consultation room at Dapto Medical Centre amounted to proper medical practice.

"The accused was not providing [the alleged victim] ... with proper medical treatment ... he was performing acts of sexual intercourse upon her," she added.

Ms Ratcliffe told the court the alleged victim gave truthful and consistent evidence, despite the embarrassing subject matter and lengthy cross-examination by experienced counsel.

She referred the jury to recorded evidence of Balgi admitting to having an erection during the examination and stimulating the alleged victim's clitoris to give her a "little bit of sexual relief", later describing Balgi's assertion he got his finger stuck in the woman's spasming vagina as "patently ridiculous".

Barrister Robert Greenhill painted a vastly different version of events during his closing address, labelling elements of the alleged victim's evidence as "fanciful", "ridiculous" and "completely inconceivable".

He challenged the woman's credibility, questioning why she met up with Balgi at his home after the alleged assault if she was afraid of him.

"Why would you go to a private meeting with your molester?" he asked the jury.

Mr Greenhill also refuted the claim Balgi gave her no indication he was going to examine her internally, suggesting flippantly to the court the woman needed "written notice" before the procedure took place.

He similarly told the court Balgi's penis "must have been incredibly long" if the jury were to believe the woman's evidence that he was pressing it into her arm as she described while he was examining her.

Referring to the recorded evidence, Mr Greenhill said it showed a "genuine concern" on Balgi's behalf for the woman's well-being, health and marriage.

The jury is expected to retire to consider its verdict on Tuesday.