Thursday 12 August 2021

NOT GUILTY: Phlebotomist Cleared Of Sexually Assaulting Patient

A private hospital phlebotomist - who always insisted merely giving an anxious female patient a comforting peck on the forehead - has been cleared by a jury of sexual assault.

He had been accused of deliberately cupping her face in his hands and only missing her lips when she ducked her head at the last moment.


Following a short trial at Southwark Crown Court Osama Dessoukli Ali, 46, of Carterhatch Lane Enfield was found not guilty of one count of sexually assaulting the lone woman in her private room on November 19, 2019.


He was employed at The London Clinic near Harley Street.


The trial heard she stayed at the hospital overnight after partial knee replacement surgery the day before and Dessoukli Ali did not deny kissing her on the forehead, insisting he had no sexual motive.


The jury were told he flattered the patient, telling her she looked “young and beautiful” and “lovely” and requested to see her again before she was discharged.


Dessoukli Ali denied flattering the woman and making a fuss about sharing the same birthday.


“I had a twenty-four hour guard outside my room because I was so scared he would come back and a photograph of him was given to security staff to prevent him coming back,” the patient told the trial.


Speaking from behind a screen the married woman said Dessoukli Ali entered her room at 9am to take a blood sample. “He said: ‘Oh my God we have the same birthday. That’s really special.’


“He seemed to be happy and excited we had the same birthday then put his hands on my face and brought my face forward to kiss me.


“I thought: ‘This is not right,’ and put my head down. 


“He kissed the top of my head, my forehead because I dipped my head, otherwise it would be on my face, my lips.


“It frightened the life out of me. He kept saying it was really special we shared the same birthday.


“It was really horrible, I knew it was not right and he kissed me again and I dipped my head down.


“He was saying: ‘You’re lovely,’ and said I looked young and I looked beautiful.”


Dessoukli Ali said he placed one hand on the woman’s temple and gave her a peck to the forehead to reassure her because she was anxious about the surgery.


“I was getting that panicked feeling and I was reaching for my buzzer,” she told the court. “I just wanted him to get out of the room.


“He asked: ‘Can I see you tomorrow?’ and I said definitely not because my husband was coming  and he asked if he could come and see me when my husband was not there.


“He seemed to be disappointed and just left.”


The prosecutor told the jury at the start of the trial the hospital interviewed Dessoukli Ali after the complaint. “He told them he noticed she had the same birthday and in his culture that was something very special and that he kissed her.


“He was obviously remorseful and was suspended by the hospital, with the complaint referred to the police.”


Dessoukli Ali was questioned by the police a month later and told them: “I just kissed her, there was no sexual reason. I tried to care about her because she was scared.


“I touched her head and told her she would be okay and kissed her. I did not try and kiss her anywhere else.


“She was scared and I tried to calm her down.”

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