A retired Tasmanian doctor has pleaded not guilty to three charges of indecent assault following a court hearing in Hobart involving allegations dating back more than 20 years.
Michael Anthony Welch, 65, previously worked as a general practitioner in Tasmania before retiring in 2019. He was extradited from New South Wales last year to face the charges and appeared before the Hobart Magistrates Court as the hearing concluded.
The allegations relate to consultations that took place when one of the complainants was a young man. The court heard evidence about alleged incidents during medical appointments in late 2004 or early 2005.
The complainant told the court that he had sought treatment from Welch because the doctor was known within the local community as being welcoming to LGBTQI+ patients. During the hearing, the complainant described feeling frightened at the time and said he did not report the alleged conduct for many years.
Prosecutors presented evidence concerning three alleged incidents. Welch has denied the allegations and entered pleas of not guilty to all three charges.
The court heard that the complainant had been aged 18 or 19 when the alleged incidents occurred. Because of the significant amount of time that has passed, the hearing focused heavily on the evidence provided by the complainant and the circumstances surrounding the original medical consultations.
The prosecution and defence presented their respective cases during the hearing. The court will now consider the evidence before making a determination.
The magistrate is expected to hand down findings in December.
Welch's case highlights the challenges involved in proceedings concerning allegations that are said to have occurred many years before they are reported. The passage of time can mean that witnesses, records and other evidence may be difficult to locate or assess.
The allegations remain allegations and have not been proven. Welch has denied the charges and is entitled to the presumption of innocence unless and until the court determines otherwise.
The case has also drawn attention because Welch previously practised as a GP in Tasmania for several decades. His medical career ended before the current criminal proceedings began.
The complainant's evidence described the impact of the alleged incidents and the reasons he said he was afraid to report what happened at the time. The court is responsible for assessing that evidence alongside all other material presented during the proceedings.
With the hearing now concluded, the next significant stage will be the magistrate's decision. A finding is expected in December.
The case demonstrates how allegations relating to historical conduct can continue through the legal system many years after the alleged events. It also illustrates the distinction between an allegation and a finding of guilt: at this stage, the charges against Welch remain unresolved.
Further developments are expected when the Hobart Magistrates Court delivers its findings.
