Women breakdown crying while giving evidence to inquiry into behaviour of 'intimidating' physiotherapist
Mr Divakaran is accused of 18 separate allegations of professional misconduct in relation to his behaviour with his two colleagues
A physiotherapist accused of harassing and engaging in inappropriate behaviour with two female colleagues at a HSE centre in Co Tipperary has told a fitness-to-practise inquiry that he was “completely shocked” to learn about complaints about his conduct.
The physio, Sarath Divakaran, told the third day of the inquiry being held by CORU – the regulatory body of health and social care professionals –that he was only ever trying to be “friendly” and “jovial” with the two women.
Mr Divakaran is accused of 18 separate allegations of professional misconduct in relation to his behaviour with his two colleagues – identified only as Miss A and Miss B – at various times between 2019 and 2022 at South Tipperary Therapy Services in Clonmel, Co Tipperary.
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They include allegations of unwanted physical touching and making comments of a sexual nature.
At the start of the inquiry, CORU’s fitness-to-practise committee was informed that Mr Divakaran admitted, in hindsight, he had sometimes crossed professional boundaries but denied engaging in any harassment or conduct of a sexual nature.
The physio claimed his actions were “misinterpreted and gravely misunderstood.”
Cross-examined by counsel for CORU, Neasa Bird BL, Mr Divakaran denied making inappropriate physical contact with Miss A because he was attracted to her.
Both women had broken down crying several times in earlier evidence to the inquiry over the impact that the physio’s unwanted attention and failure to maintain professional boundaries had on them.
Miss A complained about his “taunting, intimidating and menacing” behaviour and how she was made to feel “unsafe at work.”
She claimed Mr Divakaran was stalking her and on one occasion sexually assaulted her when he touched her pubic area while sitting next to her at a conference.
Miss B became visibly distraught as she testified about being “terrified” and “scared” about the physio’s conduct including one incident where he placed his hand on her buttocks and attempted to kiss her,
Giving evidence on Tuesday, Mr Divakaran said he had called into Miss A’s office after she began working at STTS in 2019 just to have a general conversation with a new member of staff.
He denied inviting Miss A to go to the canteen, to go out to lunch or to go for walks together.
The physio insisted that he had just been making general recommendations to his colleague about what she could do during breaks.
“I was just trying to be friendly,” he remarked.
Mr Divakaran told his barrister, Elaine Finneran BL, that he did not realise he was making Miss A feel uncomfortable.
He said he was also “totally shocked” to learn that Miss A believed he was watching her movements.
The physio claimed comments he had made about her gait and posture were made in the presence of another male colleague and were of a general nature about a person’s appearance.
He denied suggesting to Miss A that she should go to the physio room so that he could “check her tone.”
However, Mr Divakaran acknowledged he had made comments about her clothes and make-up which although meant as compliments he now recognised were inappropriate.
“I totally regret that I didn’t pick up on that. It was not intended the way it was perceived,” he added.
The physio also admitted drawing a rough sketch of Miss A while they were attending a conference on May 27, 2019 but denied staring intensely at her to do it.
Mr Divakaran said he was sorry that Miss A felt violated by the drawing.
He strenuously denied touching Miss A in her pubic area on the same occasion, claiming he had merely passed her a piece of paper without making any contact.
He said the accusation that he had touched her inappropriately was “distressing.”
The physio also denied parking his car deliberately near Miss A’s vehicle at work.
Mr Divakaran said he was upset, shocked and in disbelief when his line manager informed him of the concerns of both colleagues which had led to the introduction of a “safety plan” about his conduct at work in late 2019.
In relation to Miss B, the physio told the inquiry that he regarded her as a friend after they had shared personal stories at a lunch in Cashel which Miss B had bought and exchanged text messages.
However, Mr Divakaran accepted he had called in to her office at STTS on several occasions when he had no professional reasons to do so.
He also admitted making comments about her clothes but which he stressed were not intended as negative or derogatory.
The physio pointed out that Ms B had called him “a dote” and “a pet” so that he thought they had “a good rapport.”
He also acknowledged that he had tried to kiss Ms B in her office once because it was her birthday but denied placing his hands on her buttocks at the same time.
“I didn’t do that. That’s not me,” he observed.
Mr Divakaran said he had given his colleague a hug “as a blessing” but would not have done so if he realised Miss B did not wanted one.
He denied being “vulgar” when he had asked Ms B in November 2019 “would you ask for it if you wanted it” after her husband had been unwell.
The physio insisted that he just wanted to make sure she was OK.
He said comments he had made about Ms B’s clothes were intended to make her feel good.
Mr Divakaran said he had given her “a reassuring hug” rather than “a tight one” as suggested by Miss B.
Asked how he felt when Miss B cancelled a lunch appointment, Mr Divakaran said he was “disappointed but not to the point that I was upset.”
He expressed surprise at being called into Miss B’s office in November 2019 when she appeared stern and cross and accused him of playing her “like a fiddle.”
Mr Divakaran said he did not have a clue what she meant but he felt “extremely threatened.”
The inquiry previously heard the DPP had directed no prosecution should arise after gardaí investigated a complaint about the physio’s behaviour.
Mr Divakaran, a married father of one and a native of India, has worked in Ireland since 2003 including a number of years with the Cope Foundation in Cork.
He is currently employed at the National Tongue-Tie Centre in Knocklofty, Co Tipperary.
The inquiry was adjourned until a date later this month
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