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Heart surgeon cleared of stalking young porter

Nishan Fernando
Nishan Fernando

A heart surgeon walked free from court yesterday after he was cleared of stalking a young porter while working at the north-east’s flagship hospital.

Dr Nishan Fernando had been on trial at Aberdeen Sheriff Court accused of behaving in a manner that caused fear and alarm to his former girlfriend Shonagh Cunningham.

The doctor at Aberdeen Royal Infirmary denied carrying out the offences, claiming the 22-year- old “fabricated” the allegations after he dumped her for another woman.

And after a two-day trial, Sheriff Kenneth Stewart ruled there was no case to answer.

Miss Cunningham told the court she had been dating the cardiothoracic surgeon “on and off” for some time, but when the relationship ended he followed her around “staring and sniggering” at her.

She said his behaviour made her feel “worthless and like a second class citizen”.

She also claimed he had suddenly appeared while she was on a Christmas night out and followed her onto buses, as well staring at her while passing her in the hospital.

The court previously heard Miss Cunningham recorded a number of the alleged incidents in her diary, which was used as a production in court.

On one occasion she wrote: “Keeps staring, walking past me, makes me feel small, pathetic, like he was laughing at me.” Next to this she had a section labelled “mood”, where she wrote: “Very low, pathetic, struggling to cope”.

Representing the cardiothoracic surgeon, solicitor David Sutherland said the diary entries had been “fabrications” and “exaggerations” and added in at later dates.

He said: “Your evidence is just an exaggeration. There was no staring and there was nothing unsavoury and it’s all fabrication on your part.”

Yesterday, Sheriff Kenneth Stewart ruled there had been a “dearth” of Crown evidence and upheld a no case to answer submission from the defence.

The sheriff said he did not find Miss Cunningham’s testimony credible.

He said: “There is reference to two bus journeys but neither amount to stalking.

“The accused looking back at the bus could not amount to stalking by any stretch of the imagination.

“In any view walking past the victim and staring, even taken at its highest, does not amount to stalking.”

Leaving court yesterday Dr Fernando, of 20 Midstocket View, Aberdeen, said he was “relieved” the ordeal was over, however, he did not want to comment further.

At her Banchory home last night, Miss Cunningham also refused to comment.