A doctor who toured the country collecting disused
A doctor who toured the country collecting disused medical equipment for a childrens hospital in India tried to get the case thrown out at the GMC today.
(Mon)
Dr Bal Krishna Sharma’s barrister applied to dismiss the six-year-old case against him on the basis that he cannot have a fair hearing because of the delays.
Counsel David Morris, for 52-year-old Sharma, said that several vital witnesses cannot not be found.
Mr Morris said the equipment at the centre of the case, which includes two wheelchairs and a pair of ‘theatre clogs’ could not be produced.
‘The doctor had been involved in setting up and equipping a childrens hospital in India and had been canvassing at hospitals around the country to give him items of equipment no longer needed.
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Mr Morris said police raided Dr Sharma’s West Midland home in 1995.
They arrested him after uncovering the stashed items.
But police later dropped the charges.
However, Dr Sharma is still accused of serious professional misconduct before the GMC.
Mr Morris said the time lapse has left him in an unfair position.
And he argued that the doctor’s behaviour did not put any patients at risk.
‘The delay has caused him prejudice so no fair trial can be heard.
‘For two years, Dr Sharma had no cause to look for witnesses because he was not facing any charges.
‘He received equipment from hospitals nationwide and none of this can be produced by the GMC,’ said Mr Morris.
And the barrister said there are evidential problems in the case.
‘Many staff have moved away and cannot be traced.
‘Dr Sharma’s actions did not threaten the safety of patients and there was no clinical incompetence when dealing with patients and he was not dishonest.
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Dr Sharma, of (14) Magdalene Road, Walsall, has also suffered further anxiety while awaiting the case.
He denies serious professional misconduct between 1 February 1992 and 27 September 1995 relating to two wheelchairs, two nebulisers, a fetal heart detector, an ‘S and W syringe’ , a peak flow, a pulse oximeter driver and a pair of ‘theatre cloggs’ belonging to Tameside and Glossop Acute Care NHS Trust.
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He is also said to have lied about a qualification
After leaving Tameside and Glossop in 1995 Dr Sharma worked at Bolton.
The hearing continues.
ends
