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26/10/2006
GMC wins appeal on expert testimony
Regulatory bodies will be able to discipline expert witnesses who give flawed evidence, following a ruling by the Court of Appeal.
The General Medical Council (GMC) had appealed a High Court ruling that Professor Sir Roy Meadow could not be disciplined over mistaken evidence presented in the case of Sally Clarke who had been convicted of murdering her two children.
The Court of Appeal has ruled that “honest mistakes” made by expert witnesses should not result in disciplinary action.
The Court also upheld a ruling by the High Court that Sir Roy was not guilty of serious professional misconduct due to the evidence he presented in the Clarke case.
GMC Chief Executive Finlay Scott said: “"This appeal was about protecting the public interest. The public must be confident that doctors and other professionals, who give evidence in court proceedings, can, if necessary, be held to account by their regulator. We did not accept that the GMC should be prevented from using its statutory powers when we judge it to be necessary; and the Court of Appeal has confirmed that we were correct.
"We are very pleased with today’s decision that there is no immunity from action by the GMC and other regulators. The Court of Appeal has upheld our view that the GMC is free to act to protect the public when a doctor has fallen significantly below acceptable standards. This is a very important point of law.
"We have consistently recognised that it cannot be in the public interest if doctors are deterred from giving evidence, honestly and truthfully, and within their competence. However, the GMC did not believe that the solution lay in extending the principle of immunity in a way that placed doctors and other professionals beyond the reach of their regulator. We are very pleased that the Court of Appeal agrees."
During the trial of Sally Clarke, Professor Meadow stated that the chances of two babies dying from cot death in a family were 73 million to one. However, other experts agreed that the probability was closer to 200 to one.
The GMC had moved to strike Sir Roy off the register earlier this year, but he subsequently won an appeal against the GMC's decision.
He said that he was pleased that the Court of Appeal had agreed with the High Court ruling that he should be reinstated and that he was not guilty of serious professional misconduct.
Sally Clarke’s conviction for murdering her two infant sons was quashed on appeal in 2003.
(SP/EF)
The General Medical Council (GMC) had appealed a High Court ruling that Professor Sir Roy Meadow could not be disciplined over mistaken evidence presented in the case of Sally Clarke who had been convicted of murdering her two children.
The Court of Appeal has ruled that “honest mistakes” made by expert witnesses should not result in disciplinary action.
The Court also upheld a ruling by the High Court that Sir Roy was not guilty of serious professional misconduct due to the evidence he presented in the Clarke case.
GMC Chief Executive Finlay Scott said: “"This appeal was about protecting the public interest. The public must be confident that doctors and other professionals, who give evidence in court proceedings, can, if necessary, be held to account by their regulator. We did not accept that the GMC should be prevented from using its statutory powers when we judge it to be necessary; and the Court of Appeal has confirmed that we were correct.
"We are very pleased with today’s decision that there is no immunity from action by the GMC and other regulators. The Court of Appeal has upheld our view that the GMC is free to act to protect the public when a doctor has fallen significantly below acceptable standards. This is a very important point of law.
"We have consistently recognised that it cannot be in the public interest if doctors are deterred from giving evidence, honestly and truthfully, and within their competence. However, the GMC did not believe that the solution lay in extending the principle of immunity in a way that placed doctors and other professionals beyond the reach of their regulator. We are very pleased that the Court of Appeal agrees."
During the trial of Sally Clarke, Professor Meadow stated that the chances of two babies dying from cot death in a family were 73 million to one. However, other experts agreed that the probability was closer to 200 to one.
The GMC had moved to strike Sir Roy off the register earlier this year, but he subsequently won an appeal against the GMC's decision.
He said that he was pleased that the Court of Appeal had agreed with the High Court ruling that he should be reinstated and that he was not guilty of serious professional misconduct.
Sally Clarke’s conviction for murdering her two infant sons was quashed on appeal in 2003.
(SP/EF)
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