The defence for psychiatrist Ray Berard has painted Sylvia Ireland as an unreliable witness given to flights of fancy.
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The defence for psychiatrist Ray Berard has painted Sylvia Ireland as an unreliable witness given to flights of fancy.
During the cross-examination portion of a professional conduct inquiry, Graham van der Spuy, acting for Berard, called Ireland someone with a “fertile imagination” and a serious psychopathological problem.
“I am going to demonstrate… bizarre conduct on her part which renders her… a witness whose evidence cannot be trusted,” Van Der Spuy said.
Ireland lodged a complaint with the Health Professions Council of SA (HPCSA) against Berard in August 2008, accusing her former psychiatrist of misusing their therapy sessions to have sex.
Ireland’s husband, Stuart Ireland, a high-profile businessman in the beauty industry, was paying for the therapy sessions.
He left her in 2008 but died before their divorce was finalised.
Berard had pleaded not guilty to a number of charges including entering into a physical relationship with a patient.
Other charges included having sex more than once during the existence of a doctor-patient relationship, failing to refer Ireland to another psychiatrist for care, misusing his position of trust and confidence towards Ireland and acting in a way which was calculated to bring his profession into disrepute.
Sylvia Ireland told the Medical and Dental Professions Board on Wednesday that she had been raped by three men on February 28, 2007, during a robbery at the couple’s Claremont home.
Ireland said she had fallen pregnant as a result and had been forced by her husband to go overseas for an abortion. Van der Spuy said: “Nowhere in any of the documentation have you mentioned the fact that the burglary was accompanied by your being raped.”
He said it was “mind-boggling” she had never mentioned being raped but included details about her husband being hurt in a scuffle with the robbers.
Ireland said: “I was too ashamed.”
Van der Spuy asked: “Are you sure the pregnancy and the abortion overseas really happened? Do you have any proof whatsoever of that pregnancy and that abortion?”
She responded: “Surely there’s some things I’m allowed to keep private.”
Ireland said her professional relationship with Berard had started in November 2005 and continued until February 2008.
She said they had sex almost daily.
Van der Spuy asked why, if Ireland was still seeing Berard professionally at the time of the alleged rape, it had not been mentioned to him.
Ireland said: “He was already having sex with me. Why should I tell him anything? I stopped trusting him.”
Van der Spuy said Berard had last seen Ireland professionally on February 19, 2007, which Ireland denied.
He said Berard had realised in January 2007 that their therapy sessions were no longer beneficial and should come to an end.
Berard told Van der Spuy that Ireland had been unhappy with that.
She had allegedly arrived at the next appointment without underwear, “flashed” Berard and made a suggestive remark about the two “getting together on a sexual level”.
Ireland had allegedly arrived for the following appointment, again without underwear, and had behaved suggestively.
Their next appointment had been their last, Van der Spuy said.
Ireland denied these claims.
“Is he completely deranged? I don’t even like sex. Sex has never been a big part of any of my relationships.”
Yesterday’s proceedings were punctuated by dramatic moments.
Ireland accused Van der Spuy of raping her “all over again” by bringing up details of her divorce proceedings and said that Berard enjoyed being tied up while the two had sex.
She also mentioned that her spending of up to R1 million a month had put her and her husband in a precarious financial position.
Van der Spuy had, at one stage of the proceedings, asked for the matter to be adjourned so he could consult with Berard about whether he should take the matter to the Western Cape High Court.
He felt the case was being hampered by committee rulings which had no basis.
After consultation, Van der Spuy said it had been decided to continue with the matter.
The hearing will continue in June. - Cape Times
michelle.jones@inl.co.za