Caregiver accused of abusing patient

MICHELLE ROBINSON
Last updated 12:01 01/10/2012

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An Auckland rest home caregiver is facing trial for allegedly sexually violating a severely disabled woman in his care.

Davis Mwale is accused of indecent assault and two counts of sexual violation by unlawful sexual connection. His jury trial got underway in the High Court at Auckland this morning.

Mwale is accused of taking advantage of the bed-ridden woman while showering her. The alleged offending occurred in February this year.

The complainant's evidence was pre-recorded at the rest home because her disabilities mean she cannot leave the home.

Justice Graham Lang told the jury to listen to the evidence as though the complainant was in court.

He said the complainant not appearing had nothing to do with whether or not Mwale was considered dangerous.

"The orders were not made because of concerns about Mwale, but because of her condition."

He told the jury to "keep an open mind" during evidence, and not make assumptions until they had heard from all witnesses.

The trial is set to last four days.

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- © Fairfax NZ News

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