Pathologist
in Sally Clark trial is found guilty of misconduct
http://www.timesonline.co.uk/article/0,,2-1640603,00.html
Times
- 4th June 2005
A HOME OFFICE pathologist who failed to disclose evidence that could
have helped to clear Sally Clark of the murder of her two sons was
found guilty of serious professional misconduct by the General Medical
Council yesterday.
Alan Williams,
of Plumley, near Knutsford, Cheshire, was accused of misconduct
over tests on twelve-week-old Christopher Clark in 1996 and his
eight-week-old brother Harry two years later.
Mrs Clark
was jailed for life in 1999 for smothering the boys, but her conviction
was quashed by the Court of Appeal in 2003.
Dr Williams,
58, was banned from Home Office pathology work or coroners’
cases for three years. He gave evidence at Mrs Clark’s trial
but failed to disclose microbiology results of blood samples from
his post- mortem examination on Harry that could have helped her
defence.
Dr Williams
was found by the GMC previously to have failed in his duty as an
expert witness in relation to the bacteria results, which showed
the presence of Staphylococcus aureus. The Court of Appeal quashed
Mrs Clark’s conviction after being told that the tests showed
that Harry could have died suddenly because of the presence of that
bacterium.
Delivering
the GMC verdict, Peter Richards, chairman, said: “You agreed
that those test results might possibly have assisted the defence.
“You
had a responsibility as an experienced forensic pathologist to consider
whether test results might need to be openly discussed before being
discounted in order to prevent any risk of a miscarriage of justice.”
Dr Williams
told the panel that he had not considered the tests to be relevant
and said if experts for the defence had wished to see them they
should have asked for them.
Mr Richards
said: “You should not have omitted mention of findings which
might detract from your considered opinion, for which, by the time
of the trial, there was diminishing evidence.”
At the time
of the post-mortem examinations, Dr Williams was a consultant histopathologist
at Macclesfield General Hospital and a forensic pathologist accredited
by the Home Office. Dr Williams initially said Christopher died
from a lung infection but changed his mind after Harry’s death
and claimed that he was smothered.
The GMC
was told that he took a “slapdash” approach. The panel
ruled that he risked the quality of samples taken from Harry’s
eyes and “was not competent” to examine the spinal cord.
In relation to Christopher, Dr Williams had “failed to exercise
reasonable care and skill in interpreting and reporting” on
the lung and spleen, the GMC said.
Mr Richards
said: “High standards were neither an option nor an ivory
tower mirage but your obligation. A fair trial hinged on your evidence.”
Mrs Clark
and her husband, Steve, said in a statement: “We are pleased
that the GMC has finally acknowledged what we maintained all along.”
UK
doctor caught making false accusations of child abuse 8th August
2004
