Bolton doctor accused of sexual assault of 'previous good character'

The trial of Abdelaziz Elrefeay, of Beehive Road, Great Lever, continued on Wednesday, August 23, following its opening on Tuesday.

Elrefeay, 36, is accused of committing sexual assault on January 13 last year against a female patient, then aged 22, at Fairfield General Hospital. 

Bolton Crown Court heard on Tuesday that he is accused of "caressing" the complainant's breast when she went to the hospital for an assessment following a 101 call.

She testified in court that he also called her "beautiful", asked if she lived alone and if she would like him to come around. 

On Wednesday, the case continued, with further evidence from the complainant, as well as evidence from doctors who work with Elrefeay, from the leading detective on the case and from Elrefeay himself. 

During the evidence, Elrefeay told the court he had a clean record, having been a GP in Egypt and Oman for a decade, before beginning work as a doctor in the UK in 2020.

The day began with cross examination of the female complainant from defence barrister, Zoe Johnson KC.

She said: "Yesterday (Tuesday) we established once you were in the cubicle, Dr Elrefeay touched your stomach with his hands on your bare skin, and under your breast area.

"I am going to suggest, in order to do that, you raised your top."

The complainant replied: "No, he went under my top."

Dr Abdelwahid Elshaarawi was the registrar on the department during the night shift of January 12 to 13, 2021.

Being examined by prosecuting barrister, Mark Kellett, he told the court that he was busy on the resuscitation ward with two cardiac arrests for most of the night, with Elrefeay elsewhere throughout the night.

Mr Kellett then read out the chaperoning policy for patients undergoing intimate examinations at Pennine Acute Hospitals Trust hospitals during the time of the alleged assault. 

The policy says: "Intimate examinations include any examination of the breast, genitalia, rectum or any other examination that might cause embarrassment to the patient." 

It also says that any intimate exmination must automatically be chaperoned. 

On being asked if he thought an examination of the chest and abdomen would be intimate, Dr Elshaarawi said it would be "not intimate".

Mr Kellett asked him what he would do if a patient were to reveal their breasts during an examination.

He said: "You should stop examination and explain to the patient that this should be done with the presence of a chaperone."

Ms Johnson asked Dr Elshaarawi about Elrefeay's manner with patients, having known him in the months since he started in September 2020.

She asked if he was a "friendly and approachable doctor" and one who "really took the time and cared for his patients", both of which Dr Elshaarawi replied yes to.

He said: "One of the reasons he was good was he kept asking for things he didn't know. If he didn't know something, he found a senior to ask them."

Ms Johnson asked him if Elrefeay was asking in order to "do right by the patients", to which he agreed.

Dr Mubashir Bhatti was the consultant in charge on the following night shift at Fairfield Hospital A&E, which the defendant also worked.

Giving evidence to Mr Kellett, he told of hearing of an allegation from a patient against Elrefeay from the previous night.

He spoke to him, told him there had been "an allegation from a patient" and that he should go home and wait for contact from the hospital.

On being asked by Ms Johnson if an examination of the abdomen is intimate, Dr Bhatti said: "It depends. If I am seeing an elderly gentleman and examining his abdomen, that would be totally different to examining a young girl."

Ms Johnson said: "Are you saying examining the abdomen of a young woman equated to an intimate examination?" to which he replied: "I believe so".

Lead officer on the case, DC Asid Meman, gave evidence to the court, reading out the statements of the defendant when he was interviewed at Bury Police Station on January 18, 2021.

Elrefeay said in the interview that on January 12 he examined the woman's abdomen. 

He then said that the woman asked him to examine other places, pointing to other areas of her abdomen.

Elrefeay claimed that the woman then lifted up her top, exposing her breasts as she wanted him to examine her chest.

He said: "All of a sudden, she removed her shirt from the top, there was no bra there."

He denied touching her breasts, saying: "I have not done anything wrong from a criminal point of view."

DC Meman also told the court that the defendant is of previous good character.

Beginning the defence case, Ms Johnson called Elrefeay to the witness stand.

He gave insight into his background as a doctor, firstly in Egypt for three years and then in Oman for six and a half years.

On being asked about previous convictions, he said: "I don't have any problems. I'm in good standing with the police, I got clearance from both countries, Egypt and Oman."

He said that he came to England for a better quality of life, better opportunities and better education for his family.

Elrefeay also told the court of his experience as a GP in Egypt and Oman, where taking patients phone numbers and contacting them was "common practice".

Today, Thursday, the trial will be hearing further evidence from Elrefeay.