Sunday, 13 June 2010

Night Terror. My name is Dr Pal not Dr Patel. Get it Right Sir Scott Baker [LJ]

Don't Call me Dr Patel

Part of my turmoil this week has related to the discovery of the case R v GMC Ex Parte Remedy UK [ Final Outcome]. My Judicial Review can be read here [permission] and here [ final outcome]. These cases were judged by one Assistant Registrar - Anna Neill. In order to spring this incompetent half wit and extract themselves from liability, the GMC argued two positions in two cases in the case of the analysis of "misconduct". The upshot of this was as follows, Liam Donaldson and cronies were not investigated by the GMC. I on the other hand was investigated by the GMC, not charged but frisked until it resulted in the loss of my job and my references. The court called my challenge "academic". This meant that I did not have a remedy for a vexatious complaint that resulted in defamatory disclosures to various employers. I cannot therefore remove these defamatory disclosures by any order of the court. This translated tells us that the GMC can run roughshod over any junior doctor on a whim and the courts will allow them to do this.

So, I now have the evidence that the GMC shamelessly perverted the course of justice, touting two misconduct analyses and proceeded to commit this crime in broad daylight in front of numerous judges at the Royal Courts of Justice. Essentially, a list of judges allowed the General Medical Council to get away with a crime.

We now have a situation where there are two competing tests of misconduct - the stricter one can be used for doctors the GMC dislike and the more lenient one can be used for the senior figures. Of course, this is how it has always been for the GMC. It is just that it is now official and sealed by the Judiciary. We translate that on a ethnicity level to mean that one test can be used for a list of senior caucasian doctors and another test can be used for ethnic minority doctors. An irony was that on appeal, Sir Scott Baker [ famous for his role at the Princess Diana Inquest] proclaimed in open court [ and on all the digital court recordings in my possession] that I was Dr Patel. He didn't just say this once but four times. So having essentially discriminated against me throughout the court process, the cherry on the top of the great big cake was the Dr Patel title. This Oxford educated judge who had been an Lord Justice for years could not even get the claimants name right. No doubt all us "immigrants" are called Dr Patel. So I ask myself, whats the point of a English accent and a British passport.

Now, that is how low the Courts have now stooped. Lord Chief Justice Lord Judge once exclaimed "In the eyes of the law we are all equal". This was in one of a number of speeches given at the Equality in Justice Day. Lord Philips went onto say

"When we are appointed we take an oath or affirmation that we will administer justice ‘to do right to all manner of people after the laws and usages of this realm’. We act in accordance with that oath. We treat equally all who come before us, regardless of whether they are men or women, regardless of their race or religion and whether they are rich or poor"
And he continues

"So I can give you this assurance. Any man or woman who appears before a judge in this country will receive equal treatment in the administration of the law. The judge will treat each litigant in the same way. But the judge’s duty is to apply the law, whether he agrees with the law or not. So the important question is not ‘does the judge treat everyone equally?’ but ‘does the law treat everyone equally?’ In any society the answer to that question depends upon the motives, the beliefs, the attitudes, the prejudices or lack of prejudices of those who make the law"

As I write this, I have finally realised that equality is just a work of fiction. No one will bat an eyelid over this scandal in race relations. The fact is that the GMC is now being given the license to run Apartheid or the kind of behaviour last seen in the Last Days of the Raj. The reality today is this - as junior doctors, whether we are whistleblowers, a victim of MTAS, from the ethnic minority or whatever, we have all been kicked by the General Medical Council. We are all treated unequally and stripped of our basic rights. Apparently, we have to tolerate it. Well, we shall see about that.

This is though the first time in the history of the GMC that this discriminatory viewpot held been seen in broad daylight by testing the court results of two conflicting cases. Of course, the high flyers of the judiciary and the GMC rely on their belief that all "immigrants" won't notice what is happening in the GMC or the courts. Of course, the fly in the ointment arises when some of us do notice the antics of those in power and write about it.

This is my night terror today. The terror is this - that a regulatory body can commit a crime in the courts and no judge is able to recognise it.


3 comments:

Julie said...

I take it that you're not Sir Scott Baker's Pal then, Rita ;)

I share your terror. My hope is that if enough people repeat the truth on the internet via blogs, that things come to a stage where it cannot be ignored. We're playing a long game for the sake of those who come after us. But it's a long haul..

x said...

"I take it that you're not Sir Scott Baker's Pal then, Rita ;)"

ROFL. In a manner of speaking. I might be his Dr Powell though which is what they referred to me as in the judgment R v GMC Ex Parte Remedy UK.

Very long haul.

Julie said...

'I might be his Dr Powell'

Ah well, there's always been a dipthong of a difference between the great and good, and the rest of us. You know that you've made it when your talking sounds like yawning..

Btw, good news from Scotland. We had our first health board elections and John Winton, one of our number (Scottish Health Campaign Network) got elected. A reason to be cheerful.