Royal Courts of Justice
Strand
London WC2A 2LL
B e f o r e:
MRS JUSTICE COX DBE
Between:
THE QUEEN ON THE APPLICATION OF NURSING AND MIDWIFERY COUNCIL
Claimant
v
KITSONIA BELMONT AJAH
Defendant
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Ms A Thompson (instructed by the Nursing and Midwifery Council) appeared on behalf of the Claimant
The Defendant did not appear and was not represented
J U D G M E N T
MRS JUSTICE COX: This is an application by the Council, under Article 31(8) of the Nursing and Midwifery Order 2001, for a nine month extension of the interim suspension order of 18 months imposed on the respondent's registration by the Investigating Committee on 27 July 2009. This order has been reviewed and continued since then on three occasions on the basis that it is necessary for the protection of the public and is otherwise in the public interest.
It seems that the case is currently awaiting the scheduling of a substantive hearing, it having been determined that there is a case to answer. The application, with a supporting witness statement and exhibits, was recently served on the respondent and the hearing is expected to take place by July 2011.
The allegations of misconduct following two separate referrals are very serious, concerning the respondent's alleged misappropriation of funds belonging to patients and staff at the establishments where she worked as a nurse. Clearly there has been some delay in this case, partly due to there being two separate referrals, but, given the seriousness of the allegations, the nature of the evidence which I have carefully considered for the purposes of this application and the fact that matters now appear to be proceeding towards a conclusion, I shall grant the extension sought. I am satisfied that it remains necessary to protect the public and is otherwise in the public interest in the circumstances.
I should add that the respondent has never engaged with the Council in these proceedings at any stage nor has she appeared today. She does not therefore articulate any prejudice that would be caused to her by the extension sought, nor am I able to identify any on the papers.
For those reasons this application is granted.
Now, I think there is an order, which you have kindly handed up.
Yes, when you say the hearing should take place by the date in July, do I assume from that that it may be before that, but it will be by that date?
MS THOMPSON: I am hoping that it will be before that. I think that is the last date on which we envisaged that it will be scheduled.
MRS JUSTICE COX: Thank you.