A senior doctor accused of molesting a trainee at Tuen Mun Hospital when he showed her how to identify a chest bone fracture cleared his name on Thursday.
Tuen Mun Court said the trainee doctor had failed to rule out it could have been an accident when consultant Kam Chak-wah, 59, touched her breast during a one-on-one session at the hospital on July 12 last year.
“She told police the touch was short and in a split second,” deputy magistrate Peter Hui Shiu-keung said.
“She further agrees with the possibility that the slight touch on her breast was accidental,” he said, referring to her court evidence, before acquitting Kam of an indecent assault charge.
The doctor shook hands and embraced a group of supporters after leaving the court.
The incident took place during the trainee’s six-week internship last year at the public hospital.
The woman, referred to as X for privacy concerns, told Tuen Mun Court on Wednesday she felt “embarrassed and confused” after what had happened to her at a follow-up clinic at the A&E department on July 12. She spent that morning with Kam, who was seeing patients, some of whom had fractures.
Kam then sent away a nurse after she finished her shift, leaving only himself and X in the room, she testified. She said Kam then touched her breast when he tried to demonstrate to her where the sternal angle, the most protruding part in the chest, was.
But defence counsel Cheng Huan SC said the woman later sent messages to thank Kam, which the lawyer argued was inconsistent with the fear X claimed she felt.
Prosecutors called an independent doctor to the witness box to testify that any body contact between the consultant and the trainee should have been preceded by consent.
But the magistrate said the doctor’s opinion would not be helpful when X could not rule out it was an accident. The court also heard earlier that X could not remember most of the conversation she had with Kam before the alleged assault.