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17/02/2006
Sir Roy Meadow wins appeal
Paediatrician Professor Sir Roy Meadow has won his appeal against being struck off the medical register at the High Court today.
Sir Roy, 72, was struck off the register last year, after the General Medical Council found him guilty of serious professional misconduct over evidence he provided during the trial of Sally Clark.
Mrs Clark was found guilty of the murder of her two sons in 1999, but the Court of Appeal quashed the conviction in 2003.
During her trial, Professor Meadow told the court that the chances of one family experiencing two cot deaths were around 73 million to one.
However, experts later said that the chances were more likely to be closer to around 200 to one.
Professor Meadow had also provided evidence in the trials of two other women accused of murdering their sons - Angela Cannings and Donna Anthony. Both women were also later freed on appeal.
At the High Court, Mr Justice Collins said that Professor Meadow's actions could not be properly regarded as serious professional misconduct. He said: "It is difficult to think that the giving of honest, albeit mistaken, evidence could - save in an exceptional case - properly lead to such a finding."
The judge said that the decision could have led to medical professionals becoming reluctant to give evidence in child abuse cases.
Mr Justice Collins also said that any witness giving evidence in a court of law would be protected from civil prosecution.
Professor Meadow welcomed the verdict in a statement. He said: "This is an important decision for paediatricians and all doctors, nurses, teachers and other professionals who may have to express difficult and sometimes unpopular opinions in the course of giving evidence in court.
"They should be able to do so without the fear of prosecution by the General Medical Council or other professional regulators."
Dr Christine Tomkins, deputy chief executive of the Medical Defence Union, also welcomed the decision. She said: "Doctors should be able to provide expert opinion in cases where there are allegations of child abuse without fear that they will be the subject of a finding of serious professional misconduct for expressing a genuinely held belief."
However, the GMC expressed concerns about the ruling, saying that the verdict appeared to leave expert witnesses immune from their investigations. A spokesperson said: "Where there has been serious judicial criticism we have sought to act to protect the public interest from experts who fall significantly short of accepted standards."
The GMC said that the verdict would give medical professionals an immunity that would place them "beyond the reach" of its investigations. The spokesperson said: "This would be true even when they, or their evidence, have been criticised by the court."
Both Angela Canning and Donna Anthony have criticised the verdict. Mrs Canning said that she was "disappointed and disheartened" by the ruling, while Mrs Anthony told Sky News that Professor Meadow had "ruined" her life. She said: "It seems to me he is now able to ruin other people's lives."
(KMcA)
Sir Roy, 72, was struck off the register last year, after the General Medical Council found him guilty of serious professional misconduct over evidence he provided during the trial of Sally Clark.
Mrs Clark was found guilty of the murder of her two sons in 1999, but the Court of Appeal quashed the conviction in 2003.
During her trial, Professor Meadow told the court that the chances of one family experiencing two cot deaths were around 73 million to one.
However, experts later said that the chances were more likely to be closer to around 200 to one.
Professor Meadow had also provided evidence in the trials of two other women accused of murdering their sons - Angela Cannings and Donna Anthony. Both women were also later freed on appeal.
At the High Court, Mr Justice Collins said that Professor Meadow's actions could not be properly regarded as serious professional misconduct. He said: "It is difficult to think that the giving of honest, albeit mistaken, evidence could - save in an exceptional case - properly lead to such a finding."
The judge said that the decision could have led to medical professionals becoming reluctant to give evidence in child abuse cases.
Mr Justice Collins also said that any witness giving evidence in a court of law would be protected from civil prosecution.
Professor Meadow welcomed the verdict in a statement. He said: "This is an important decision for paediatricians and all doctors, nurses, teachers and other professionals who may have to express difficult and sometimes unpopular opinions in the course of giving evidence in court.
"They should be able to do so without the fear of prosecution by the General Medical Council or other professional regulators."
Dr Christine Tomkins, deputy chief executive of the Medical Defence Union, also welcomed the decision. She said: "Doctors should be able to provide expert opinion in cases where there are allegations of child abuse without fear that they will be the subject of a finding of serious professional misconduct for expressing a genuinely held belief."
However, the GMC expressed concerns about the ruling, saying that the verdict appeared to leave expert witnesses immune from their investigations. A spokesperson said: "Where there has been serious judicial criticism we have sought to act to protect the public interest from experts who fall significantly short of accepted standards."
The GMC said that the verdict would give medical professionals an immunity that would place them "beyond the reach" of its investigations. The spokesperson said: "This would be true even when they, or their evidence, have been criticised by the court."
Both Angela Canning and Donna Anthony have criticised the verdict. Mrs Canning said that she was "disappointed and disheartened" by the ruling, while Mrs Anthony told Sky News that Professor Meadow had "ruined" her life. She said: "It seems to me he is now able to ruin other people's lives."
(KMcA)
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