Hussain Ruling

The Massachusetts Supreme Court Thursday dismissed a motion to halt a grand jury investigation of charges that Dr. Arif Hussain sexually assaulted two patients at Waltham Hospital in 1978.

In a 14-page motion filed last Monday, Hussain's attorney, Kenneth M. Goldberg, argued that a probable cause hearing held last month at Waltham District Court was unfair since the presiding judge heard evidence on both alleged incidents simultaneously. The motion was denied without a hearing.

The two charges allege that Hussain raped one hospital patient in March, 1978, and sexually assaulted another seven months later.

At the preliminary hearing, Judge Kevin Doyle dismissed one count of assault with intent to rape, but found probable cause on two additional counts--rape, and assault and battery.