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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have been found guilty of professional misconduct at a

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I have been found guilty of professional misconduct at a tribunal conducted by the Medical Practitioners Tribunal Service (part of the General Medical Council) in June. During the tribunal the prosecution submitted, as part of their evidence, a transcript of a police interview I had given as a volunteer under caution to Lancashire Constabulary. Before the hearing, my legal team queried the accuracy of the transcript and I obtained an audio recording of the interview to verify the accuracy of the transcript, which was commissioned by the prosecution. The transcript contained 150 errors, mostly minor but nevertheless many were significant. Passages were omitted, statements were attached to the wrong person, and most significantly, some of my evidence was incorrectly transcribed to give the exact opposite meaning to that intended, for example I was quoted as saying "I lost my temper" when, in fact, I actually said "I know that did not happen because I did not lose my temper". As a result of the tribunal findings, I have been suspended as a doctor, lost my job and my reputation has been severely damaged. Do I have any redress over the prosecution's use of a false transcript? They were made aware of the errors two months before the hearing but refused to amend or withdraw it.
Submitted: 7 months ago.
Category: Law
Expert:  Nicola-mod replied 7 months ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 7 months ago.
Hello Nicola, happy for you to continue.Gary
Expert:  Ash replied 7 months ago.

Hello my name is ***** ***** I will help you with this.

What is it you want to achieve? Would the incorrect transcript have changed the outcome?

Customer: replied 7 months ago.
No-one can say with any certainty that the correct transcript would have altered the outcome, but it is certainly possible. The police found no case to answer, and indeed described my 'misconduct' as 'appropriate given the difficult clinical circumstances', based on my interview. The transcript was produced by the GMC, who were the prosecution and the judge in their own, separate investigation. What I was asking was whether the actions of the GMC, in producing an inaccurate transcript, with significant errors, and continuing to run with that transcript and produce it as evidence, even when they knew it was wrong, was a legal act.
Expert:  Ash replied 7 months ago.

All you can do is seek a Judicial Review to the High Court.

You would have to show that the decision of the GMC was reasonable and legal.

It would go before a High Court Judge to consider this. The Judge can either agree with the decision or remit it back to be heard by a different or same Tribunal.

But sadly that is all you can do. The clock is ticking though, you have 3 months to issue a claim for Judicial Review.

For more information please see:

https://www.justice.gov.uk/downloads/courts/administrative-court/applying-for-judicial-review.pdf

Can I clarify anything for you about this today please?

Customer: replied 7 months ago.
I'm sorry, Ash. I appreciate your answer and I already know about the option of judicial review, but you have still not answered my question. I was asking whether the actions of the GMC, in producing an inaccurate transcript of my police interview, with significant errors, and continuing to run with that transcript and produce it as factual evidence, even when they knew it was wrong, was a legal act. Indeed, I could even ask whether such an action was legal malpractice.
Expert:  Ash replied 7 months ago.

Was it an illegal act - no.

There is nothing in law which prevents them from doing this. That is why you have the option of judicial review If you think their decision is unreasonable.

Does that clairfy?

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 7 months ago.
Thank you for your frank answer. I am astonished.
As for judicial review, I have been told that this would cost me £40,000 - money I simply do not have, so I suppose injustice wins.Thank you for your time.

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