Royal Courts of Justice
Strand
London WC2
B E F O R E:
MR JUSTICE WALKER
THE QUEEN ON THE APPLICATION OFTHE GENERAL MEDICAL COUNCIL
(CLAIMANT)
-v-
SOURIAL
(DEFENDANT)
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MR I HARE (instructed by the General Medical Council) appeared on behalf of the CLAIMANT
The DEFENDANT did not appear and was not represented
J U D G M E N T
MR JUSTICE WALKER: Dr Sourial was sentenced to nine months' imprisonment on 4th January 2004 for offences of child cruelty against her teenage niece and nephew. Her registration as a doctor was suspended on 29th October 2002 for 18 months after the offences came to light in June 2002. The General Medical Council seeks an order extending by one year the interim suspension which is due to expire on 27th April 2005. It is the second application to the court: the suspension was extended by consent on 14th May 2004, as it was likely to be some time before the hearing before the Professional Conduct Committee. Unless it is further extended by the court the interim order will expire on 27th April 2005.
The grounds upon which the claimant seeks the order are set out at paragraph 54 of the particulars of claim. Having read the statement of Anthony Omo, dated 24th March 2005, I am satisfied that each of the matters set out in paragraph 54 of the particulars of claim is demonstrated to my satisfaction. Accordingly, I order that under section 41(a)(6) and (7) of the Medical Act 1983 the interim suspension of the defendant be extended to 27th April 2006.
There is an application by the General Medical Council for costs. I should say that the General Medical Council appears today by Mr Hare of counsel. Dr Sourial, who has instructed Shakespeares Solicitors has not attended. This is despite the fact that there have been now several letters from the GMC to Shakespeares Solicitors informing them about the need for the extension and about the application that was to take place today.
In these circumstances, I consider that it is right that Dr Sourial should bear the additional costs necessitated by Mr Hare having to be present today. What I have in mind is that costs could have been avoided if Dr Sourial had consented to the extension. This was plainly a case, in my view, where such consent ought to have been forthcoming and forthcoming reasonably promptly. In those circumstances, I shall order that the costs of today be paid by Dr Sourial and that there should be a detailed assessment of those costs.
MR HARE: Thank you, my Lord.
MR JUSTICE WALKER: Thank you, Mr Hare.