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| Down Under |
| A Good Lawyer |
| 2007-03-17 |
| A judge in the Palmerston North District Court has told a female witness she has "probably made history" after giving evidence topless. Janet Robertshawe, 36, was yesterday called as a defence witness in the trial of an alternative health professional accused of indecently assaulting three female patients. The man, whose name and specific occupation are suppressed, is accused of touching the breasts of two of the women and the breast and genitalia of the other during massage treatment. Mrs Robertshawe, a solicitor from Invercargill, is a former patient of the accused. She volunteered to be a patient in a massage demonstration the accused performed in front of the jury box yesterday. Mrs Robertshawe entered the courtroom in a white robe, was sworn in by the court crier, disrobed then lay face down on a massage table dressed only in her bra and underwear. Before the demonstration began, Judge Les Atkins instructed the members of the jury it is not a reconstruction of the events relating to the charges, but an effort to show them what is involved in a typical treatment. A camera was position near the jury box to record the demonstration for evidential purposes. The accused then began the treatment, undoing Mrs Robertshawe's bra early in the procedure. She was moved onto her left side, facing the jury, as the accused continued the vigorous deep tissue massage treatment. The movement exerted on Ms Robertshawe's body shook her bra free and a towel covering her frequently fell down, exposing her breasts to the court. After about 10 minutes, the jury was asked to retire while the massage table was packed up. The accused was still massaging Mrs Robertshawe as the jury was led from the court. Mrs Robertshawe, fully clothed, later gave evidence from the witness box. She said she was referred to the accused in 1998 for treatment on a back complaint, and has received more than 40 treatments from him since. She told defence counsel Robert Lithgow the treatment had "excellent" long-term results. Mrs Robertshawe described the accused as "very enthusiastic" and "innocent" but "there was no procedure". "I think there are some ways that he practices that are different to other practitioners that could perhaps put him in danger of the type of allegations that have been made against him." Mr Lithgow put to her that someone watching the courtroom demonstration may think there is "a degree of indignity in the whole thing". "I guess (the accused's) treatments aren't for the faint hearted," Mrs Robertshawe said. "They're pretty full on." She said the accused seems to treat the body "like a broken machine and is completely indifferent to the particular parts of it". When Mrs Robertshawe finished giving evidence, Judge Atkins told her "you probably made history today as a barrister and solicitor of the court, so thank you". "And we can promise you it won't appear on YouTube," Mr Lithgow quipped. The evidence will soon be appearing on YouTube. |
| Posted by:Anonymoose |
| #1 I don't think this is a historic first. I believe I read in William Manchester's The Glory and the Dream about a bitter divorce case where the (white) husband claimed that his wife had hid from him that she had Negro ancestry. She stripped down to the waist in court to prove he had to have known. |
| Posted by: Eric Jablow 2007-03-17 22:38 |