Paramedic cleared of all allegations of misconduct at HCPC hearing
- Details
- Published: Monday, 30 May 2016 10:16
- Written by John Williams
Our client faced allegations of misconduct and dishonesty in relation to his colleagues and his patients. The allegations were initially investigated by the London Ambulance Service and then the Investigating Committee of the HCPC who referred it to the Conduct and Competence Committee. We maintained that they had both reached inconsistent findings in relation to our client and a colleague who had treated a patient. The London Ambulance Service[LAS]/HCPC decided not to call the colleague and it was accepted by the HCPC that her written evidence could not therefore form part of its case. Furthermore as a result of expert cross examination by counsel, Rad Kohanzad of Serjeant’s Inn Chambers http://www.serjeantsinn.com/barristers/rad_kohanzad/professional_discipline_and_regulatory evidence from two police officers was so discredited that “The Panel did not believe their evidence on this issue as there is overwhelming evidence to suggest otherwise. The Panel considers that this conclusion taints the rest of their evidence. The Panel cannot say that other parts of their evidence are fabricated but is of the view that it is discredited such that any allegations based solely on their evidence are not capable of being proved. “
As a result of this a number of the allegations were dismissed on findings of no case to answer. Others were found not proved. A few of the allegations were admitted and/or found proved. However those admitted or found proved were not regarded by the Panel as being so serious as to meet the legal threshold for the test for misconduct. Accordingly the Panel determined that misconduct was not found proved on all the allegations.
John Williams commented “In my view the LAS and the HCPC overreached themselves with some of the allegations and how they hoped to prove some of the allegations without calling a crucial witness is beyond me. Furthermore the evidence given by the two police officers in the case was astonishing. It is rare indeed for a Panel to find that the evidence of two police officers in a case is so discredited that it would support an allegation of no case to answer under the principles set out in the case of R v Galbraith 1981] 1 WLR 1039. It is a matter of considerable concern that police officers are prepared to give such discredited evidence but it is testament to the cross examination skills of Mr Kohanzad. Ultimately I am extremely pleased for my client but it is disappointing that he had the stress and anxiety of this attack on his professional reputation hanging over his head for so long and at such cost.“
Our client commented:-“The LAS and HCPC had put me through hell for 3 years, in my opinion the police officers lied, purely as they didn't like me, Our job is difficult enough without fellow members of the emergency services making it more difficult and stressful. I can't thank John & Rad enough. They were both brilliant, I cant recommended them highly enough,I am now looking forward to continuing my career as a paramedic….”