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Improper Appointment of Male Nurse Peter Yunak [1998] VUOM 14; 1998.14 (11 June 1998)

REPUBLIC OF VANUATU

OFFICE OF THE OMBUDSMAN

PUBLIC REPORT

ON THE

IMPROPER APPOINTMENT OF MALE NURSE PETER YUNAK

11 June 1998

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Preamble

'He that hath no rule over his own spirit is like a city that is broken down and without walls'

Proverbs Ch 25 v 28

This reports concerns a matter of the greatest betrayal of trust, and the indulgence of wicked appetites at the expense of innocent and helpless victims. It is a very sad reflection on the lack of morals fibre and trustworthiness, not only on the part of the assailant but on those who schemed to put him back into a position where he had clearly shown himself unable to control his shameful desires. This type of exploitation must be stamped out by making wise and appropriate appointments to positions of responsibility.

Summary

The Ombudsman conducted an inquiry following a complaint received from a concerned citizen that a male nurse convicted of raping a young female patient and of escaping from prison had been reappointed into the Public Service.

During the investigation, it was discovered that Mr Charles Nako, the Minister responsible for prisons had acted contrary to law by releasing his cousin, Mr Peter Yunak, on licence from prison. Mr Nako then re-employed him as a Staff Nurse through the illegal exercise of his power of making temporary appointments as Acting Prime Minister.

Mr Yunak remains as a member of temporary staff in a dispensary in Santo. He continues to work without supervision or restriction and was recently provided training in the area of sexual health!

The facts indicate that former Directors of Heath, Mr Niowenmal and Mr Wabaiat, were aware of the situation but failed to take any steps. The Ombudsman recommends that if Director General Johnson Wabaiat delays further in reviewing Mr Yunak's appointment and position, his conduct be considered a matter for the PSC disciplinary board.

The Ombudsman also recommends that Mr Yunak's appointment be reviewed in light of its invalidity and that his nursing responsibilities be immediately changed so that he does not attend to female patients unsupervised nor does he work or receive training in the fields of sexual or reproductive health. Further, the Ombudsman recommends that the Health Department develop a policy where male health practitioners in the Public Service do not undertake intimate examinations of female patients except in the presence of a third party.