[back] Wakefield hearing
A Sudden Silence Descends on the GMC as Miss
Smith Stops Hammering
by
Martin Walker MA
Wednesday 21st, Friday 23rd and Sunday 25th
January.
CryShame
If the only tool you have is a hammer,
it is tempting to treat everything as a nail.
Abraham Maslow
Sitting on Sunday
When they decided to sit on Sunday, although I
thought it was silly in the extreme, I was kind of
relieved because it suggested that maybe they were
going to try to claw back some of the many
non-sitting days that have spattered the two year
hearing. Of course I have no idea why these
non-sitting days were taken, to do Christmas
Shopping, visit friends, lunch-out or maybe cover
some of their professional commitments.
When they gave the time-table for Sunday 25th, I
was amazed. Because it was a Sunday, and the
transport was difficult, they weren't sitting until
11.30. So the situation began to look like what my
debt counsellor would call 'increasing your debt';
she always says this in a friendly kind of way
whenever I offer to pay back an ultra-minimal amount
of money, 'No', she says, 'Really, I can't condone
that, because before you've made any gains, you'll
be hit with another bill and you're debt will be
increased'. And blow me down, that's just what
happened at the GMC, although they didn't take any
more days off the last week, they did finish two and
a half days early and then up pops Miss Smith and
asks for another full week’s non-sitting at the
beginning of the March session because the dog has
chewed her homework. So not only was the Sunday
sitting not entirely necessary, except for the Panel
being paid time-and-a-half which would help the
poorer members, but by the end of the sitting they
had actually increased their debt by 4 whole days.
I'm right aren't I? That's what they're doing at
the GMC, they are making what seems like a decent
gesture for pay-back; a whole Sunday, no less, and
then they say next week they'll take three whole
days off because Tuesdays and Fridays are the only
days that they can get to the hairdresser or avoid
leaves on the railway line, and there you are,
they've just considerably increased their debt.
On my worst nights, the nights when the
nightmares are most severe, the hearing never ends
and I'm ancient with white hair down past my
shoulders stooping and walking with a cane. It's
always someone's funeral, someone who came to the
hearing quite young and full of hope and then
gradually deteriorates. The nightmares are always
interrupted with one of those cinematic conventions,
like the leaves of dates blowing off the Calendar,
or the years passing at the centre of a wheel; 2007,
2008, 2009.
The Serious Side of the Hearing: Professor Murch's
Evidence
On the morning of Wednesday 28th of January, on the
seventh day of her cross examination of Professor
Simon Murch, Miss Smith, seemingly aware that she
was digging a hole in which she was burying herself,
threw in the towel. Those who were there to see this
historic moment will no doubt savour it for many
years. However, it has to be said that much more
time could ultimately have been saved if Miss Smith
had relented in her cross-examination with each of
the other defendants as well; perhaps one question
would have been sufficient. 'You do agree don't you
Dr Wakefield' that the GMC case against you is
absolutely preposterous?'
Apart from making the proceedings far more
transparent, this course would have saved Britain's
doctors the millions of pounds spent by the GMC on
the prosecution. Miss Smith began her cross
examination of Professor Simon Murch on Wednesday
21st of January and it continued for only five days,
through Friday 23rd., Sunday 25th., Monday 26th.,
and Tuesday 27th.
It might be claimed of some barristers that they
start each new cross-examination with their own
persona, approaching the defendant with a pleasant
empathy, and as the exchange goes on they begin
their mordant act, forcing themselves to appear
callous and biting. With Miss Smith, the opposite
seems most often the case, she begins with a cold
but friendly exchange of what appear to be
pleasantries, this is her act and within minutes her
real character has surfaced and she is barking like
the maddest of dogs. Nevertheless, I am always
beguiled by her opening shots and then suddenly
confronted by her apparently cold aggression, from
nought to very angry in 10 seconds; and I wonder,
why was I taken in like that?
It was clear from the very beginning of the
cross-examination that Professor Murch was going to
be an exceptional and difficult witness. While some
observers thought that he lacked the steeliness to
take on Miss Smith, this proved not to be the case.
Professor Murch began as he meant to go on, polite,
reasonable, sensitive and while always willing to
concede reasonable points he was as solid as set
concrete in his constant refutation of the
prosecutions main off-the-wall ideas.
Professor Murch's evidence given under
cross-examination was a splendid narrative of denial
which reproduced the defence story in great detail;
it was also scattered with wise and perceptive
comments just bordering on quiet humour. In the
first part of her cross-examination Miss Smith drew
Dr Wakefield back into the prosecution. Professor
Murch had mainly left Wakefield out of his evidence,
although where he had introduced him he had worked
hard to lessen the differences that evidently
existed between them. Miss Smith's drive was to push
Dr Wakefield back into the clinical area and
Professor Murch's intent was to stand his ground and
repel Dr Wakefield from this arena; this he did with
some success. Professor Murch, had similar problems
to Professor Walker-Smith in relation to his
approach to Dr Wakefield, but what might, at the
beginning of the hearing, have threatened to be a
cut-throat blood-letting, turned into a well
balanced review of respected differences between the
three doctors.
We can list below the, by now, well known
strings to Miss Smith's bow, before we dwell with
some pleasure upon Professor Murch's style as a
defendant.
• Miss Smith tried to show as she had done in Dr
Wakefield's case that Professor Murch was not a
paediatrician.
• Miss Smith introduced Dr Wakefield early to
Professor Murch's evidence, in the hope that she
could show that he was the criminal master mind
behind the actions of the two other defendants. She
attempted to maintain the fiction that Dr Wakefield
was deeply involved in the clinical work of the
department.
• Miss Smith consistently made out that the clinical
diagnostic protocol was actually the research
protocol for 172/96. This was despite the fact that
she has no real argument when it was put to her that
project 172/96 was never actually carried out.
• Miss Smith insisted that the 12 child case series
in the Lancet is actually a fully blown research
'study'.
• In her references to Brian Deer, Miss Smith
assumes that his motives for involvement in the case
are straightforward and no mention is made of the
war that Deer has waged against Wakefield, or of him
being the complainant.
• Miss Smith claims that for their own purposes,
these doctors refused to give the children
neurological examinations. This is all part of her
plan to present the children as 'simply' autistic
and to ignore their IBD.
• Miss Smith reacts with horror to the fact that
some of the children were given lumbar punctures, in
an attempt to test important diagnostic information.
• The matter of ethical committee approval dragged
on for a whole half day. At the centre of Miss
Smith’s argument is the assertion that the
procedures carried out on children, and cited in the
Lancet paper, did not receive ethical committee
approval. It doesn't matter how many times the point
is made by the defendants that the 12 children were
investigated for clinical purposes, Miss Smith
carries on digging.
• Miss Smith embraced a long and undignified
discussion about the 'report' that Professor Murch
was brow beaten into writing in answer to Brian
Deer's complaints against all three doctors, just
before his expose was published in the Sunday Times
in 2004. Professor Murch argues time and again that
this rebuttal, in which he made a number of
mistakes, was written in response to a very lengthy
document suddenly thrust at him by Deer. He had 24
hours to reply, with work intervening and with none
of the documentation available. Miss Smith who had
over 3 years to prepare the prosecution case and who
even now has no qualms about asking for an extra
seven days to prepare her closing speech, insists
that every word Murch wrote is valid.
• Great emphasis is placed by Miss Smith on the
principal medical expert witness, Professor Booth.
You might remember him as the enlightened doctor who
made the point that constipation is a condition on
it's own, unrelated to any other factors beyond its
own incidence. He also had grave doubts about food
allergy and intolerance while suggesting that marker
tests were the single most effective diagnosis of
IBD and could obviate the need for colonoscopy. The
repetition of Professor Booths minority views led to
a prolonged dispute with Professor Murch about
whether or not colonoscopy was an appropriate
investigation in the Lancet cases.
If Miss Smith's cross examination could be
described as pedantic, repetitive and simply wrong,
Professor Murch's rebuttal in his answers could by
comparison almost be described as brilliant.
Refusing to stick to brief responses, to Miss
Smith's inane questions, Murch gave lengthy
responses that, while answering the questions, also
gave listeners a real understanding of the context
within which the three doctors were working.
Professor Murch built up a real picture of
himself as a caring but also very honest doctor,
whose placid agreement even with some of Miss
Smith's notions showed him to be utterly unafraid of
compromise on reflection while determined to
emphatically state the truth as he saw it when Miss
Smith tried to harry him.
When Miss Smith wantonly accused him of carrying
out too many tests and being over concerned with
Wakefield's theoretical position on such things as
measles vaccine, he answered; 'Ours was a thoughtful
approach to complex cases. We were no more
interventionist than the centres in Italy or France
or other centres in Britain'.
He tried wherever possible to put Miss Smith's
accusations within a wider context, so making the
whole picture accessible to the panel and the
public. This practice was of particular value in the
area which I have come to consider one of the most
important in the whole hearing. From the beginning
Miss Smith has insisted that the children cited in
the Lancet paper where the subjects of research and
not clinical cases. The number of complex
investigations were, the defendants have claimed,
needed because they were trying to deduce the cause
of a novel and complex condition. Professor Murch
stuck to his guns and explained the position simply,
again and again to Miss Smith. It was necessary, he
said, to build up a diagnostic protocol so that the
doctors could formulate an approach to treatment.
The problems around this treatment protocol were
in many ways the central issues of the case. Simply
put we can say that Miss Smith claimed that the
twelve children cited in the Lancet paper were not
ill; they were children with autism, prone to
behavioural disorders. By looking at the children in
this top down manner, the prosecution was able to
avoid a close scrutiny of IBD and a complete
separation of the children from their parents and in
turn their suggestion that MMR might have been
implicated in their children's illnesses. If the
children were 'only' autistic, there was no need for
any kind of 'novel illness' investigation and so no
need for a diagnostic protocol.
While all three of the defendants have defended
the diagnostic protocol built within the department,
none of them did this as successfully as Professor
Murch. Frequently departing from the evidence, Murch
went out of his way to stress that the parents’
narrative and the actual presentation of the
children's condition were the most important facts
in the clinicians examining the children. Accused by
Miss Smith of 'relying on a nebulous theory' in the
examination of the children - or in her terms,
research into them - Professor Murch answered, 'No,
there we part ways, we were relying on the
children's symptoms'.
Miss Smith has gone to extraordinary lengths to
try to establish the idea that the twelve children
were principally autistic and did not need any
further medical intervention. At one point on Friday
23rd, she insistently said to Professor Murch,
'Didn't it disturb you that these children didn't
have a neurological examination'. This was followed
some time later with the bizarre question-statement
'The children were sent to the Royal Free for
behavioural disorders, you would not expect them to
be sent to a paediatric gastroenterologist!?' This
bizarre 'question', speaks volumes about the
prosecution ability to distort utterly the picture
of work at the Royal Free Hospital. Professor Murch,
along with the other two defendants, having made it
completely clear that the children arrived at the
Royal Free, principally because of bowel disorders,
answered Miss Smith's stupidity in a quietly
understated way. 'If a child with a purely
neurological disorder was sent to a
gastroenterologist, yes, this would be odd'.
In his narrative describing the investigations
into the children, Professor Murch took every
opportunity to explain the need for a multifaceted
search for any cause of regressive autism. He
constantly brought up the work of their department
on mitochondrial dysfunction that had been well
under way even in nineteen ninety six. Miss Smith
inevitably steered well clear of such information,
despite Professor Murch's offering her entreaties
such as 'I don't know whether you are aware of ...'.
During one particular exchange, with Miss Smith
insisting the children were autistic and that was
the end of that, Professor Murch made two classic
statements which one hopes will be well quoted for a
long time.
'A diagnosis of autism is not a signal to stop
looking for the cause'.
and
''A wide variety of different causes of autism
are possible'.
Professor Murch, came across as a man, even in
the torrid climate of the GMC prosecution, willing
to make himself vulnerable. At one point, when Miss
Smith was criticising the report that he had
hurriedly cobbled together at the insistence of his
department head and Brian Deer, Murch said words to
the effect; 'I had no occasion to think that my
report was not all right. I thought it was a good
report 'from the bottom of my heart'. I was struck
by the openness of Murch's language and a brief
comparison with Miss Smith and Mr Deer flitted
across my mind; 'Heart? What's that?'
Where lesser men might have broken down,
Professor Murch, as had Professor Walker Smith and
Dr Wakefield, retained an exasperated cool and it
seems now almost impossible that none of them lost
their temper on a single occasion. But it was
Professor Murch who showed an exceptional ability
not just for cool, but for calm intelligence in his
confrontational replies.
Talking about what Miss Smith considered his
failure to have responded to a legal letter, he
said; 'You're asking the impossible'.
On ethical approval for the investigations he
carried out, he said: ' Your questions and their
implication is unfair ... You are continually
casting doubt on my integrity and I don't think
that's right'.
Accused of being gung-ho with his colonoscopy
investigations, he said: 'I don't undertake any
investigation lightly nor do I shrink from them if
they are necessary'.
On one occasion, exasperated by Miss Smith's
insistence that he could remember why he had done
such a thing, he answered mockingly; 'Miss Smith you
appear to have a better insight into my memory than
I do myself'.
Often throughout the cross-examination, Miss
Smith seemed to only just have a grasp of the
English language. At one point she accused Murch of
'trying to explain everything away'. To which the
Professor answered, 'I'm not trying to explain
anything away, I'm trying to give an
interpretation'.
There was a flash of the old Miss Smith on
Monday 26th, that made me warm to her again, as I
had done in the very early days of the hearing. She
had just finished berating Professor Murch for
having ignored a 'neurological' diagnosis of
Asperger's Syndrome. Having made clear that his
expertise was in gastroenterology, Murch said; 'I
think you're making too much of what is essentially
a small point'. Seeing that she was losing ground
Miss Smith retreated with a very precise intonation
of; 'Well ... Well ... Well'. And I thought that
Miss Smith had got out of this habit of endearing
vacuity.
Following the sudden and perhaps premature end
of the cross examination on Wednesday, the Panel
asked their questions of Professor Murch. All the
questions were insightful and showed that the Panel
were on the ball. A couple of questions were
slightly unsettling; one from one of the medical
members who asked if Professor Murch thought that
'Time was a good treatment'. Although Professor
Murch answered the question gracefully, it suddenly
occurred to me that perhaps the panel had not
grasped the full picture of these children's
history. A number of them had in fact been
languishing in the byways of poor quality diagnosis
with no treatment far away from any centre of
gastrointestinal excellence for long periods.
Another question assumed that the children were
seen under 172/96 and my stomach turned over at the
thought that the continual refutation of the fact
that the children were not examined under this
research protocol was still not taken for granted by
the panel.
Law-making on the hoof at the GMC
In the last throes of the case against the three
defendants, Brian Deer has become increasingly
concerned that the Panel might believe their
defence. Just before Professor Murch began the
presentation of his Evidence in Chief, Deer
apparently sent a number of emails to the GMC,
reinforcing, as he thought, the prosecution case and
putting Miss Smith right as to what had happened
between him and Professor Murch at a meeting
engineered at the Royal Free Hospital by Brent
Taylor, Murch's head of Department in 2004.
It has always been Deer's claim that this
meeting went swimmingly and that Professor Murch
happily confessed to all three doctors having
carried out research while thinking little of a
clinical approach to formulating diagnostic
guidelines for treating the children.
This attempt by Deer to ensure that the
prosecution had the full facts, seems especially
bizarre when you consider that Miss Smith has had
over four years now, to consider the details of the
prosecution based upon Deer's original complaint.
Not just bizarre but also, it turned out,
auto-destructive. It appears that Professor Murch's
counsel had no intention of bringing out Murch's
opinion of Deer's pressurising behaviour at the
Royal Free meeting or anywhere else. However, having
read the emails sent by Deer to the GMC, Murch's
counsel Adrian Hopkins QC, felt impelled to
introduce questions about Deer's attitude.
When Deer heard the evidence given by Murch
against him, he lost it and his further actions led
to what has become known in the quiet ante-rooms of
the GMC, as The Incident in the Coffee Machine Queue
that took place on Monday 19th January.. The GMC has
remained remarkably quiet about The Incident…, which
all adds weight to the idea that Mr Deer is well
protected by powerful people. I do feel bound to
report on this incident in full now that we know
more about it, and I do this in the spirit of all my
reporting over the last eighteen months, during
which I have tried hard to draw attention to
breaches in due process committed at the GMC.
The grandest of these breaches is clearly that
the GMC has framed the charges while employing the
prosecution counsel and the Panel, making a mockery
of any system of self-regulation. From those dizzy
heights we pass down to matters of only slightly
lesser importance and have been bound to look
previously at the role of Mr Deer in the lodging of
the complaint to the GMC and the investigation and
expose of the many charges brought against the three
defendants. At the end of these breaches of due
process come some minor issues, such as the response
of the GMC to my essay An Interest in Conflict.
Some of you might recall that when I wrote about a
conflict of interest of one of the Panel, my essay
and myself were roundly and publicly condemned by
the Panel's Legal Assessor and it was suggested that
had the hearing been a court of law, which of course
it is not, he might have seen fit to bring charges
of contempt of court against me.
I raise these matters now, not because I harbour
any ill-will against the Legal Assessor who I have
warmed to increasingly over the weeks since he
berated me; I raise it because I want to put The
Incident in the Coffee Machine Queue, involving
Brian Deer into some kind of legal context. I have
waited for over two weeks before putting up this
piece because I wanted to be absolutely sure that
there were no unnecessary interruptions to the
evidence of Professor Murch. I have to make clear,
that in discussing this matter, that I consider
happened 'outside' of the hearing, I am not in any
way attempting to prejudice any party in the
proceedings. I am however, hoping that even at this
late date it might be possible to push the GMC into
a more transparent approach to their proceedings.
The manner in which the GMC handled this
incident raises much more serious questions than my
essay or even matters of conflict of interest. The
incident raises question about Mr Deer's attitude to
the three defendants, and the GMC's conciliatory
approach to Mr Deer.
The Incident.
On the morning of January 19th, between the hours
of 10 am and 11.30, Professor Simon Murch was taken
through his Evidence in Chief by Mr Adrian Hopkins.
Some part of that evidence concerned Brian Deer’s
aggressive nature and another matter to do with the
origins of information he held in 2004 about the
children cited in codified form in the Lancet paper.
Clearly, it is not my role to comment on the
weight of this evidence and we are concerned here,
only with Brian Deer's personal reaction to it. As I
pointed out in my last report, the evidence appeared
to make Deer very uncomfortable and at the 11.30
break, he left the hearing immediately in the wake
of Professor Murch. What happened next, in the foyer
of the Fitness to Practice hearing room, really
needs a proper enquiry, conducted briefly by the GMC
and then published with a record of the actions to
be taken against Mr Deer, if in the event he was
found to be guilty of any transgression of GMC
rules or guidelines.
Because the GMC and the hearing has remained
silent about the incident I can only briefly
describe what appears to have happened. I have to
stress that I gathered this information from a three
sources and I did not at any time approach or try to
approach, the witness Professor Murch who was still
giving evidence, up to the end of this session.
The impression of the incident I have put
together is as follows. Professor Murch on being
released, went out of the hearing and approached the
coffee machine in the foyer. I myself witnessed
Brian Deer purposefully leave the hearing
immediately in his wake. Arriving in the coffee
machine queue directly behind Professor Murch, Deer
proceeded to knock into the witness and then
standing level with him, turned to place his face
directly in from of the witness almost nose to nose
glaring angrily at him.
There can be little doubt that if this account
is correct, Deer's act was tantamount to the
intimidation of a witness. What does this mean? In
relation to legal situations generally, the
intimidation of witnesses in any form has especially
since the 1950s - through the criminal gang trials
of the sixties and then into the anti-terrorist
trials of the 1970s and 1980s - been considered one
of the most serious charges that could be brought
against someone acting inside or outside the court.
The idea that witnesses or jury members should
under no circumstances be approached, bribed or
threatened has been the corner stone not only of
changes in statutes affecting trials, but also in
the architecture of the modern courts. At the Old
Bailey and other important courts in the 1970s and
1980s, even a hard stare at a witness from a person
in the public gallery could result in the starer
being questioned by the police.
In relation to the GMC and it's hearing
procedures, we might look briefly at what appears to
have happened and then put it in context. Following
the incident, a complaint was made to the GMC and it
might be that everyone watched the CCTV footage of
the incident. No reference was made to the incident
publicly. We might assume that Mr Deer was spoken to
by GMC staff and on the Wednesday when he next
attended. Professor Murch was assigned a 'minder' as
he left the hearing for a break.
What might we say about the GMC's approach to
the incident? Admittedly, the whole matter is
somewhat confused by the fact that the Fitness to
Practice hearing is not being held in a court and
inevitably therefore the GMC is continually faced
with having to act 'on the hoof' as it were. I can
well see that in the case of this incident, the GMC
must have thought itself with limited options.
However, there are clearly a number of questions
that might be asked. Some weight has been placed on
the behaviour of the public gallery during this
hearing, members of the public have frequently been
told off, for slight noise or other infringements,
while last year, an autistic child was expelled with
his father on two occasions from the public gallery,
for making noises. Every morning, the public gallery
is told in quite abrupt terms to turn off their
mobile phones and witnesses are quite rightly warned
by the Panel Chairman about speaking to anyone about
their evidence while they are giving it. I might add
to this list, the fact that I was gratuitously
named, while I sat in the public gallery, by the
legal assessor and it was suggested on very flimsy
grounds that I had broken the criminal law. We might
also cite with this list of 'quibbles' the fact that
it was common practice at the beginning of each
round of the hearing in 2007, for the public's bags
to be searched.
I might add to this list an odd story that I
have so far not related to you. A couple of weeks
ago it happened that one of the downstairs
receptionists employed by the GMC was leaving. This
young woman had on the whole been very helpful as
well as charming and consequently, on the morning of
her leaving, I bought her a small box of hand made
chocolates. She wasn't there when I went up to the
hearing at 9.20am, so I left them with another
receptionist. Returning through the reception at
lunch-time, the receptionist told me that she was
very pleased to have received the small present, but
sadly, she had been told to return the chocolates to
me on the instructions of her supervisor.
Apparently, her supervisor had told her that no GMC
staff were able to accept presents, as such a
present could well constitute a bribe.
It goes without saying that I was gob-smacked by
this. What did her supervisor imagine I would ask
this young woman to do? If I worked quickly, would I
be able to get her to hand over the transcripts of
the hearing? Perhaps if I worked at the relationship
for a long period I might be able to get her to slip
some cognitive mind altering substance in Miss
Smith's tea so that she could experience the emotion
of empathy? As my imagination ran wild, I came back
down to earth remembering the young woman, whose
name I did not know was actually leaving the employ
of the GMC that very day, and due to return to
Australia, could be of little use to me. However
bizarre this incident, it shows clearly that the GMC
has an inflated opinion of its legal and security
status, with regards to those by whom it feels
threatened. I would add that I refused to accept the
return of the chocolates and found later that the
woman's supervisor had in fact relented.
It might be, that in a long and complex hearing,
and one that addresses controversial issues, such as
does this hearing, all of the above are things we
have to put up with. Also continuously poor sound
quality, and the odd late cancellation and
uncancellation aside I can't say, that the hearing
has been conducted in an oppressive or even a
'difficult' manner from a public point of view.
However, throughout the hearing, there has been
in the background a consistent question of whether
the GMC as a self regulating body, has been fair and
without bias. This question has arisen especially in
terms of the relationship between the GMC and Mr
Deer. When it appears that Mr Deer is caught up in
an incident involving a witness against whom he has
made a complaint, while that witness is giving
evidence, we would surely expect a real effort from
the GMC to assure the public that there exists
openness and transparency in its dealings with him.
I myself, have no solutions to offer, although a
couple of alternatives could be suggested, perhaps
arguing for a week's suspension from the hearing or
a clear statement about what happened from the Legal
assessor, so that the incident could become a matter
of record. At the very least it appears to me that
in the absence of criminal proceedings that might
well have been the outcome had the incident occurred
in a real court, the legal assessor has a duty to
admonish Brian publicly, regardless of his presence
or not in the hearing room.
I must make the point, that quiet words with Mr
Deer by GMC staff and the minding of witnesses by
them, which appears to have been their response, are
both clearly wrong moves. The second move in
particular, is classically wrong in intent and
action. The witness's story in such circumstances,
has always to be believed and the transgressor
together with any threat there might be, has to be
removed for as long as he represents a threat to the
witness. The imposition of a minder, which makes the
victims circumstances more difficult, by curtailing
their mobility, while taking no public action
against the perpetrator, places quite the wrong
emphasis on the incident.
Not being a lawyer, I remain particularly
confused about the nature of Deer’s actions in
relation to Professor Murch's evidence. What is the
'legal' position in the case of a defence witness
giving evidence on a complainants aggressive
disposition - as Professor Murch did - being
threatened by this same person? Should the
perpetrators actions be entered into the proceedings
as corroboration of the witness’s evidence?
It is not too late for the GMC to act with
authority on this situation now, but whatever their
response, one would hope that their management will
learn serious lessons from this uncommon occurrence
and if it ever happens again, will have procedures
to set in motion. After all we must be careful that
the law or regulation is not brought into disrepute
and anarchy seen to rule in judicial chambers.
The summer session: Towards 2010
On the last Wednesday, after the Panel had asked
their questions, everyone listened to submission
about the dates for the next session. Happily I had
asked the previous day for a copy of these dates,
otherwise, I wouldn't have had the faintest idea
what they were talking about.
The next session entails all the counsel giving
closing speeches, beginning with the prosecution and
being followed by counsel for each of the
defendants. Miss Smith had an application. Beginning
the next session on the 2nd March, would not she
said, give her adequate time to prepare her closing
speech. Miss Smith is always, humorous, however, and
she brushed away the week long delay at the
beginning of that session as she looked gravely
round the room; 'The prosecution doesn't set the
agenda, it isn't me who wastes time'. I wondered
whether she believed that fiction, as Shakespeare’s
words rang in my ears, 'The lady doth protest too
much, methinks.' (Hamlet III, ii,). No less amusing,
however, was the twittering of the defence counsel,
inevitably unaffected by the credit crunch; 'We
really must protest' they huffed and puffed. 'This
hearing was supposed to finish after four months',
huff and puff. 'And we have been here now for two
years'. They make these noises as if the length of
the hearing had nothing whatsoever to do with them.
The panel sat in camera to deliberate this
weighty matter, before deciding that if Miss Smith's
professional opinion is that she needs one month and
ten days to prepare her closing speech, on top of
the five years she has already had, then she should
have it.
We are now set for the final leg of this
regulatory, sub-legal marathon, with the closing
speeches being given throughout March and the final
deliberations spluttering on throughout May and June
and who knows how long after this. One thing can be
said with certainty, that a few of the press might
drift in through the closing speeches but when it
comes to the verdict on the charges, the GMC will be
packed with journalists and other freeloaders who
will, with a few exceptions, circulate reports which
bear no relationship at all to the evidence. We
should prepare ourselves for this time.
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