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Monday, 7 June 2004 Held At GENERAL MEDICAL COUNCIL PROFESSIONAL CONDUCT COMMITTEE On: Monday, 7 June 2004 Held at: St James’ Building 79 Oxford Street Manchester M1 6FQ Case of: DAVID SOUTHALL MB BS 1971 Lond (Day One) Committee Members: Prof D McDevitt (Chairman) Ms F Bremner Mr S Gurjar Ms C Langridge Rev J Philpott Mr D Mason (Legal Assessor) -------------------------------------- MR K COONAN QC, of Counsel, instructed by Messrs Hempsons, appeared on behalf of the Doctor, who was present. MR R TYSON, of Counsel, instructed by Messrs Field Fisher Waterhouse, appeared on behalf of the Council and Mr Stephen Clark. -------------------------------------- (Transcript of the shorthand notes of TranscribeUK Tel No: 0208 614 5799) -------------------------------------- INDEX Page HEADS OF CHARGE 1 APPLICATION RE INJUNCTIONS 4 OUTLINE OF FACTS 11 ---------------------------- A THE CHAIRMAN: Good morning. The Committee is going to inquire into the case against Dr David Southall. Dr Southall is present and is represented by Mr Kieran Coonan, Counsel, instructed by Hempsons Solicitors. Mr Richard Tyson, Counsel instructed by Field Fisher Waterhouse, represents the Council. B MR TYSON: Just one minor point on that, sir. I represent both the General Medical Council and Mr Stephen Clark as complainant. THE CHAIRMAN: Thank you for that. Before I ask the Secretary to read the heads of charge, I am C conscious there are quite a lot of press in the room. Could I just ask two things: one is that everybody makes sure that they have their mobile phones switched off and, secondly, if people do leave the chamber that they would take whatever equipment they have with them and not leave it behind. That would be of great assistance for us. D Dr Southall, if you cold stand, please, and I will ask the Secretary to read the heads of charge. THE COMMITTEE SECRETARY: The Committee will inquire into the following charge against David Southall, registered as of Academic Department of Paediatrics, City General Hospital, Stoke on Trent, Staffordshire, ST4 6QG, E MB BS 1971 Lond: “That, being registered under the Medical Act, ‘1. In November 1999 Sally Clark was convicted of the murder of two of her children, Christopher and Harry Clark; F ‘2. On about 27 April 2000 you watched the “Dispatches” programme about the Sally Clark case that was broadcast on Channel 4 television that night; G ‘3. As a result of information gleaned during your watching of the programme, on the next day you contacted the Child Protection Unit of the Staffordshire Police to voice your concerns about how the abuse to Christopher and Harry Clark had in fact occurred; H TranscribeUK 020 8614 5799 D1/1 A ‘4. As a result of such contact, on 2 June 2000 you met Detective Inspector Gardner of the Cheshire Constabulary, the senior investigating officer into the deaths of Christopher and Harry Clark, and in effect told him that, as a result of watching the programme, you considered that B a. Stephen Clark, Sally Clark’s husband, had deliberately suffocated his son Christopher Clark at a hotel prior to his eventual death, b. Stephen Clark was thus implicated in the deaths of both Christopher and Harry Clark, C c. there was thus concern over Stephen Clark’s access to, and the safety of, the Clarks’ third child, Child A; ‘5. At the time of meeting Detective Inspector Gardner, you D a. were not connected with the case, b. made it clear that you were acting in your capacity as a consultant paediatrician with considerable experience of life threatening child abuse, E c. were suspended from your duties by your employers, the North Staffordshire Hospital NHS Trust (“the Trust”), d. knew that it was an agreed term of the Trust’s enquiries that led to such suspension that F you would not undertake new outside child protection work without prior permission of the Acting Medical Director of the Trust, e. had not sought permission of the Acting G Medical Director prior to contacting the Child Protection Unit of the Staffordshire Police and/or meeting with Detective Inspector Gardner, f. relied on the contents of the “Dispatches” television programme as the principal factual source for your concerns, H TranscribeUK 020 8614 5799 D1/2 A g. had a theory about the case, as set out in Head 4 above, that you sought to present as scientific fact as underpinned by your own research; ‘6. Your actions as described in Heads 3 and/or 4 and/or 5 were B a precipitate and/or, b irresponsible and/or, c an abuse of your professional position; C ‘7. On 30 August 2000 you produced a report on the Clark family at the request of Forshaws, Solicitors a At the time that you produced your report you D i. did not have any access to the case papers, including any medical records, laboratory investigations, post-mortem records, medical reports or x-rays, ii. had not interviewed either Stephen or Sally Clark, E b Your report concluded that i. it was extremely likely if not certain that Mr Clark had suffocated Christopher in the hotel room, F ii. you remained convinced the third child of the Clark family, Child A, was unsafe in the hands of Mr Clark, c Your report implied that Mr Clark was G responsible for the deaths of his two eldest children Christopher and Harry, d Your report was thus based on a theory that you had about the case that you sought to present as scientific fact as underpinned by your own research, H TranscribeUK 020 8614 5799 D1/3 A e Your report declared that its contents were true and may be used in a court of law whereas it contained matters the truth of which you could not have known or did not know, f Your report contained no caveat to the effect B that its conclusions were based upon very limited information about the case held by you, g When given the opportunity to place such a caveat in your report you declined, by faxed email dated C 11 September 2000, on the basis that even without all the evidence being made available to you it was likely beyond reasonable doubt that Mr Clark was responsible for the deaths of his two other children; ‘8. Your actions as described in Head 7 above were individually and/or collectively D a inappropriate and/or, b irresponsible and/or, c misleading and/or, E d an abuse of your professional position.’ “And that in relation to the facts alleged you have been guilty of serious professional misconduct.” THE CHAIRMAN: Dr Southall, please sit down. F Mr Tyson, I gather you have an application. MR TYSON: Sir, yes. Can I at the outset of this case deal with matters relating to the press as this case has attracted, as one can see, considerable press interest. Not only does G Professor Southall have a high media profile but this case involves the Clark family. Mrs Clark, as you probably will know, was convicted of murdering her two infant sons but this conviction has been overturned on appeal. In this hearing, sir, you will hear about the youngest surviving child of the Clark family, Child A, about whom there are two High Court orders and I would ask you, sir, if we can see a H bundle of documents which ultimately is going to be bundle TranscribeUK 020 8614 5799 D1/4 A to be bundle C1 and can I invite that to be distributed where I can show you the orders concerned. (Same handed) THE CHAIRMAN: This bundle is C1. MR TYSON: Can I ask you, sir, please, to look at page 94 of that, which is an order that was made, we understand, in B November 1999 in the Family Division of the High Court of Justice. It is an order made in the care proceedings relating to Child A, and over the page at 95 can I just read for the record the order. This order, I anticipate, will be served on all the press that deal with this matter. “It is ordered that: C 1 Injunctions are hereby granted restraining until further order any person (whether by himself or herself or by his or her servants or agents or otherwise howsoever or, in the case of a company, whether by its directors or officers, servants or agents or otherwise howsoever) from: D (A) publishing in any newspaper, magazine or periodicals or broadcasting in any sound or television broadcast or by means of any cable or satellite programme service or by disseminating by means of any form of electronic communication howsoever (hereinafter referred to as ‘a E publication’): (a) the name and address of the above named minor (hereinafter referred to as ‘the child’) and/or (b) the name and/or address of: F (i) any property or any institution or other establishment in or at which the child is residing or being cared for at any time (hereinafter referred to as ‘an establishment’) and/or” G and (ii) was deleted. “(c) any picture being or including a picture of the child IN EACH CASE in a manner calculated to lead to the identification and/or whereabouts of: H (i) the child and/or” TranscribeUK 020 8614 5799 D1/5 A and we can delete (ii). “(iii) in the case of any establishment (as so defined within this Order) of such establishment as being an establishment in or at which the child is residing or being cared for at any time. B (B) soliciting any information relating to the child: (a) from the child; and/or (b) from any person acting as a carer (as so defined within C this Order) (C) without prejudice to the generality of paragraph 1(B) above, attending at any address at which the child is known or thought to reside or known or thought to be present or at any establishment (as so defined within this Order) in or at which the child is residing or being cared for, with the intention of D undertaking any of the acts prohibited by paragraph 1(B) above or of taking any picture of the child.
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