Good morning on Day 2 of Dr Adrian Harrop's tribunal (abbreviated to AH). We are due to start at 11am today. I will use initials RD for the GMC representative Mr Ryan Donoghue and GP for Harrop’s representative Mr Giles Powell.
New docs from GMC re where to place tweets but RD hasn't been able to assess this new info yet so will be given time to look at this new categorisation of the info and the info itself. Insulting vs inappropriate determination
Also Chair says he was in error saying that AH does accept the evidence by not cross examinating. Not needing to determine a witnesses feelings as a relevent fact. For 3 indivs is whether was planning to intimidate, but this isn't the only factor
Re 14g: RP to clear up misunderstanding re admittance of this now.
14 g stem re innappropriate is denied
14g2 admits continuing to post, not sure when realsised
14g1 admitted to all tweets but has difficulty w some wording, exactly who it is referring to. Doesn't accept who it's referral to
C Isn't up to mpts to determine who is referred to
RP says yes this is a matter of evidence and not up to tribunal. But AH's x exan will determine nature of tweets ie who to
Chair do we need to go through every tweet then? Re her employer only? 55 posts in total.
RP Yes they're all relevant as refers directly or indirectly to E
Ch Detailing a tweet [we don't have the bundle]
We'll need evidence and burden is on GMC
RP Yes. Data is provided in the tree. If tweets aren't directly relevant they should still be used. Ref to the schedule
Chair Bearing in mind the importance of the allegation, shldn't the GMC state which exactly deal w threats/intimidation? Now saying all so we need
..to cross referencethe evidence
RP Yes
GP Agrees that all are in the category as it's the volume that's important [AH nods in agreement]
C We now know the GMCs case. All 55 tweets. AH must now admit or deny all
GP Denies they're inappropraite
Ch You must confer. We must go ..
Ch...thru the tweets. Leave this to you
RP All these tweets are set out already. Need further instruction
GP Have you got my new submission re Duty to cross examine?
RP Can I add to p11
Ch We need the context to tweets as need the conversation AH's tweets are based within
RP Yes
Ch Gone through evidence of B D and E in depth and don't want them to attend. But we want to know
B: want to know date B blocked AH
E: date of blocks both ways
GP Its unneces for us to x exam but I want you to review my submission, as you may want to reconsider as we don't accept
C Doesn't mean all evidence is agreed by not x exam by law, but cannot know for sure. Make a reasonable assessment of their evidence only
GP Look at my document please.
Ch No obligation to x exam all evidence in modern time.
GP I maintain my position
RP GMC accepts position has moved on now but says if central to case then x exam may be needed. Hasn't had time to look at RPs submission yet. But some evidence has been admitted
Ch Discussion re witness B moving residence as feeling threatened
GP It's what tweet said and perception, but we need to look at intention of AH
GP Tweeter B said I'm not intimidated, and also said had greater impact on wife. Ref to email. Have to x exam on intentions and tweet contents in B
Ch Depen on evid of AH we may need to see witnesses
GP It's about what AH said. Hope I've highlighted current status of law that's relevant to this, eg Nicholas Moss
Ch Need time to look at submissions. Cannot make you x examine witnesses
Ch You need time to go thru tweets and docs
RP I need 45 mins for this
GP Same amount of time but will also need to see what RP submits
Ch Need to know exactly what's accepted and denied by AH before we can make any progress. So early lunch and final view. Adjourn and return at 1.15pm
Unexpected return session at 12 noon
Chair We see little utility going thru 55 tweets re E. As part of more substantive 14b and c allegations, we put forward the suggestion of rewording 14 to "at least [a number] of tweets" referring to E. Will save much time
RP Will take instruction on this from GMC
GP Can we extend to 1.30 in view of this need?
Chair Yes. Adjourned to 1.30pm
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We are back.
RD: if we could look first at tweet number 9, 415 of GMC bundle. Do have that? Thread starts earlier on 413.
Rd: Starts with E referencing debate on kiwifarms. We see your tweet (he read and too fast it's about doxxing). Tweet 9 appears which is about personal notoriety and psychological trauma. Mother of child is autistic, is autistic
AH: that person is talking about that child of E being autistic.
RD: and your tweet referred to same child?
AH: 'the' children refers generally
RD: do you agree tweeting about others children is personal and private and it was inappropriate to comment on public
We are back and ready to go. Waiting on AH to continue.
AH apologises for lateness.
RD: it's clear what this tweet is. Attempt to stop support for E
Do you accept
AH: The way tweet is expressed and me expressing , means the impact on any relevant person means I don't really think I can agree. Active discouragement of these people.
I would have been pleased they didn't support it, course I would. I understood at the time was not being consumed in any such way on the opposing side to be anything like good faith advice. Context would be clear to those who wanted to support
Good morning on Day 3 of Dr Adrian Harrop's tribunal (abbreviated to AH). He is on the witness stand, under oath. Please see @selfcommit2othe report here.
In an exclusive interview with Dr Harrop, Ben Hunte writes he "was sent all of the material being discussed in the tribunal, including the full dossier of allegations, witness statements, & documents defending the doctor."
The Tribunal has become aware of the VICE article and proceedings have been adjourned so the GMC can investigate and Dr Harrop's counsel speak to him about the matter.
GP 3 5 6 7 and 9 are admitted
Ch Their feelings are important but not determinant
GP Not trying to suggest that witnesses will consciously lie in their statements
Ch This is opportunity to x exam
GP Doesn't avoid you looking at credibility. Everyone has polarised feelings ...
about this which hightens emotions. Wants to avoid a show trial. Look at what actually happened and you need to determine the reality and I'm happy to take this risk
RP Confirmation that no GMC witnesses are req to give evidence.
Discussion of dates re blocking accounts
GP E blocked AH on 1 April but we don't believe AH blocked anybody. He doesn't recall blocking anyone and has no access to the account. Doesn't deny it
Ch B blocked him after July.
RP We don't have a date for B being blocked but can ask B to recall this
RP We're not ready to proceed yet (GMC). Will be an amendment of charges by GMC to improve time usage of court by 2pm.
Ch: Then GP will need time to assess the wording
GP Likely to be an issue re offensiveness, I'm happy to indicate which tweets should be referenced but this...
...won't be ready in 20 mins. We dispute the stem of 14
Ch Always the case of 14g were not inappropriate
GP Yes but No wrt the employers and those that refer to her family
Ch Is it likely to save time?
RP Tweets need exploring in x examination so all matters will be explored.
RP But if the stem isn't admitted?
GP 17 tweets don't refer to E, employer or family so these should be removed which would improve times
Ch GMC is taking too long to make decisions. Now 2.15pm is the latest time available to feed back instructions