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Related Sector: Expert Witness

Last year, Dr Zafar was sentenced to six months’ imprisonment suspended for two years for contempt and the Medical Practitioners Tribunal suspended his registration for one year.

He was found guilty of contempt and sentenced to six months’ imprisonment suspended for 2 years and the Medical Practitioners Tribunal (MPT) found that his fitness to practice was impaired by reason of misconduct and suspended his registration for one year.

Click here to view the details of the case.

That suspension has now been referred to the Divisional Court by way of judicial review by the GMC and the Professional Standards Authority for Health and Social Care and the Divisional Court has now held that he should be erased from the register.
 
The judge said: “...there was actual dishonesty in the form of a false witness statement, containing a Statement of Truth. In itself that was a very serious matter. There was also the sustained recklessness – being but little different in seriousness from dishonesty in this context, as the Court of Appeal has held – in circumstances where Dr Zafar’s conduct was persisted in over a period of time and was designed to be a cover-up. What he did, exploiting his position as a doctor and as an expert witness, struck at the very heart of the administration of justice and involved an abuse of the trust which the courts have to accord to experts. In my clear opinion, in all the circumstances the only proper sanction is erasure....In my judgment, the appeal succeeds. Remittal to the MPT would serve no function: erasure is the only proper sanction. Accordingly, I would direct erasure of Dr Zafar’s name from the Medical Register.”
 
To view the full judgment please click here
 
The case again highlights the need for total honesty by expert witnesses and the serious consequences of misleading the court.

Mark Solon
Founder of Bond Solon, Solicitor
info@bondsolon.com
020 7549 2549

This article was first published on 1st May 2020.