Suhail Durani, 36, was convicted of inappropriately touching the patient and asking her indecent questions Feb 20, 2010, at the Royal Perth Hospital in Western Australia state.
In 2012, Durani lost his bid to appeal against his conviction.However, he had maintained his innocence on seven grounds, including that his defence lawyer had acted incompetently.
Federal Court of Australia Judge John Gilmour rejected his plea Monday, ABC News reported. Durani had earlier served an 18-month jail term on charges of molestation and now he is under detention.
His lawyer Shahid Shakur said the case is subject to appeal and his client can lodge an appeal within 21 days.
“He’s utterly disappointed, of course. He has been in detention now for nearly six months and at the time of the judgment obviously we expected a different decision,” Shakur was quoted as saying.
“We respect the decision. It’s obviously appealable but it will depend on the counsel’s advice,” he added.
Shakur said Durani was not yet facing deportation and would remain in detention until the appeal process was resolved.
“If he doesn’t appeal, then he faces deportation under the law, but if he appeals against the decision he does not obviously,” he said