Atty. for former Shelby Co. physician files to dismiss charges
November 12th, 2014 by Ric Hanson
The attorney for a former Harlan doctor facing sexual abuse charges has filed a motion with the court to have the charges dismissed, because he says the incident occurred outside of Iowa’s statute of limitations. The Daily NonPareil reports Matthew Boles of Des Moines, argued 82-year old Wing Tai Fung‘s legal rights were violated, and was he the subject prejudice because of the sexual abuse allegations.
Fung, of Scarborough, Ontario, Canada, was charged May 21 with second-degree sexual abuse, a Class B felony, for an alleged incident in January 1999 – or about 15 years ago. A criminal complaint filed against Fung alleges he molested a 10-year-old girl he was treating for a knee sprain at Myrtue Medical Center in Harlan. Chicago police arrested Fung on April 28 at O’Hare Airport after he returned from Canada. He waived his extradition so the case could be tried in Shelby County.
If convicted, he faces up to 25 years in prison. Fung entered a written not guilty plea in Shelby County District Court in May. He posted his $100,000 bond in April. While the alleged crime occurred 15 years ago, Iowa law states that sex abuse victims have 10 years to report the incident once they turn 18 years of age. The victim turned 18 in Oct. 2006, which is only eight years after the incident.
Boles said Fung, a life-long physician in Harlan, does not remember or have documentation for every patient visit. Boles argued because the of the doctor’s “failing memory,” Fung could not present a defense as guaranteed by both Iowa and U.S. constitutions. In order to dismiss the charge, Boles will have to prove there was an unreasonable delay between the alleged incident and the criminal charge.
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