Indian Doctor Convicted Of Sexually Assaulting Teen Loses Bid To Stay In Australia

MELBOURNE – An Indian doctor,convicted of sexually assaulting ateenage patient while working at anAustralian hospital, has lost his bid tostay in the country.A federal court judge dismissed SuhailDurani’s plea on Monday, but hisdefence lawyer Shahid Shakur said theyintend to take the case to the full benchof the court.Durani, 38, has been fightingto stay in Perth since he was releasedfrom jail after serving more than 18months for sexually abusing a 19-yearoldgirl at Royal Perth Hospital in 2010.”He’s utterly disappointed of course.He has been in detention now for nearlysix months and at the time of thejudgment obviously we expected a differentdecision,” Shakur was quoted assaying in an ABC report.”We respect the decision. It’s obviouslyappealable but it will depend on thecounsel’s advice,” he said.His client who had a wife and youngson, had an arguable case, he said.”We believe that the minister has madethe errors. While we respect the judgmentof his Honour today, as soon aswe have the counsel advice and we haveread the reasoning for the decision, wewill be in a decision to take furthersteps,” he said, adding “We have notbeen able to read the judgment as yet.”Shakur said Durani was not yet facingdeportation and would remain in detentionuntil the appeal process is resolved.”If he doesn’t appeal then he facesdeportation under the law, but if heappeals against the decision he does notobviously,” he said. “As we understand,appeals can take up to six months,”Shakur said. Durani has 21 days tolodge an appeal. He had lost a bid toappeal against his conviction in 2012and was fighting to stay back in thecountry. He had maintained his innocenceand sought leave to appeal onseven grounds, including that hisdefence lawyer had acted incompetently.The three Appeal Court judges dismissedhis lea, refusing six of the sevengrounds. His visa was also cancelled bythe federal government last year.