Dr Prashant Jindal | MPTS Fitness to Practise hearing

If not familiar with the history to this post, please scroll back to 20 September (and beyond for full story - or as much as I have so far disclosed, with more shockers yet to come!), and see screenshots below for more details of the following info 👀

After the incredibly inappropriate tweets from Denis Fitton (husband of Medical Practitioners Tribunal Service
senior legal adviser Vaishali Fitton), sending their written complaint to the #MPTS, Greg’s Brady’s partner Catherine Froud was advised by Executive Manager Gavin Brown that an external legal firm had been instructed to investigate.

My more detailed complaint followed, when I also asked Gavin if #VaishaliFitton had been suspended pending the outcome of the investigation.

Seemingly not, and while we currently have no idea which legal firm was instructed, as you can read in his reply to me, the investigation is expected to conclude this week, when we should be provided with the outcome.

It will be interesting reading, and I live in hope that someone has done the right thing for a change, starting with an entirely independent and unbiased legal firm having been instructed, with no previous ties to either the #GMC or #MPTS.

Meanwhile, given that Dr Prashant Jindal’s FtP hearing on 25 September was cancelled on 8 September, surprising therefore that no dates have so far been proposed for his relisted 3 week hearing next year, or for the 3 day preliminary hearing, intended to include an unmerited application from General Medical Council to ban me from even attending as a member of the public!

Fyi, I was originally called as a witness and gave evidence to the MPT panel at the first hearing in May 2022, but after their recusal, an outright (written) lie was given as their reason to drop my evidence from the cancelled relisted hearing. As yet, I have not publicised details, but the GMC can be certain that the truth will out when the time is right!

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To continue this bizarre story 👀

You may need to read more than once, to digest chronology & importance of dates, but necessary to have read previous posts to make sense of it all!

NB: I can only publish extracts from correspondence as this not over yet.

Recap:
•29 Aug, my lawyer wrote to General Medical Council inviting them to withdraw their application to exclude me from FtP hearing on 25 Sept (6 Sept post).

•1 Sept, flippant response from paralegal. Counsel then sent bundle direct to Medical Practitioners Tribunal Service. (6 Sept post)

•6 Sept, Dr Prashant Jindal's team had read my online posts, and aware of counsel’s submissions.

•7 Sept, my lawyer to MPTS Senior Legal Adviser Mrs Vaishali Fitton: 'Can you please confirm the skeleton and witness statement will be before the panel when it determines the exclusion of Ms Rodoy?’

'In addition please can you confirm if Annex B and Annex C will form part of the materials before the panel when it determines the exclusion of Ms Rodoy?’ [Nonsensical reasons for tribunal recusal 17 Sept 2022]

•8 Sept @ 12.35pm, she replied: 'As I have said… the MPTS will not provide material direct to the tribunal.'

•8 Sept @ 9.50 am, counsel’s letter sent to MPTS summarising my position, that unless I was allowed representation at 11 Sept hearing we would continue with legal process to stop it.

•8 Sept @ 3.32 pm, Mrs Fitton had left for weekend hrs earlier, so correspondence taken over by Gavin Brown, General Medical Council Executive Manager. (9 Sept post)

Appreciating difficulty of position, attempting to pour oil on VERY troubled waters, inferring tribunal might now be provided w documents to support my case, Gavin wrote: 'We are not in a position to respond within the timescale specified in your letter, namely by 4.00pm today, and seek an extension to respond by no later than 4.00pm on 22 September 2023, if still necessary at that time.’

My lawyer replied: 'It is clear that you have not read our letter properly nor counsel’s Skeleton Argument. It is quite astonishing that the MPTS does not understand the effect of the Human Rights Act 1998 on its proceedings some 25 years after that Act came into force.

Our client has a right to be heard BEFORE any ruling is made about excluding her from the trial. The application to exclude her from the trial, engages her civil rights (under Art 10 of the ECHR) and she is entitled to a public hearing at which the civil limb of Art 6 is observed - ie a hearing at which the allegations against her can be answered by counsel on her behalf.

The need for more time arises only because you insist on proceeding with a hearing before considering its legality.'

Less than 40 mins later came surprise email, that both ‘my' hearing AND Jindal's substantive hearing had been postponed. (9 Sept post)

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11 Sept, this to Greg Brady and Catherine Froud from paralegal Alex (sender of emails I think General Medical Council lawyers avoid putting their name to fearing I will publish) 👀

'I write to inform you that, following an application by Dr Jindal, the preliminary hearing listed to start today and the substantive hearing listed to start on 25 September 2023 have both been postponed.

The GMC opposed both applications, however the MPTS determined to grant the postponement at 16:26 on Friday.

The MPTS will provide directions for relisting in due course...'

Catherine called Alex, who verbally confirmed that Jindal’s application to postpone his 25 Sept FtP hearing was made on 6 Sept, 'strongly opposed’ by GMC lawyers.

Unable to disclose reason for Jindal's application, he said more would come to light soon.

But the really shocking disclosure - where the dates become important to note, was when Alex told Catherine, and I quote: 'The MPTS opened the door’, asking Jindal if he also wanted to apply to postpone the preliminary hearing on 11 Sept!

Not directly affecting his substantive hearing in any way, Jindal hadn't asked for this, and nor was his presence required, only his lawyers (remotely), so 100% no reason whatsoever to postpone 11-13 Sept!

Catherine emailed Alex for clarification of dates:
'The application was made on 6 September. The GMC responded in opposition on 7 September.
 
MPTS asked Dr Jindal’s representatives to confirm if the application was also being made in respect of the preliminary hearing on 7 September. Dr Jindal’s representative confirmed it related to both the preliminary hearing and substantive hearing on 8 September.'
 
Some of you may have already joined the dots, others may need to read my previous post again to understand the significance of dates & timing!

The General Medical Council saw no merit in Jindal’s application to postpone, presumably therefore no rational reason given, and by suggesting to Jindal that 'my' hearing also be postponed, this proves the Medical Practitioners Tribunal Service agreement was nothing less than a devious move on their part.

However, they've only delayed the inevitable, because (unless GMC see sense & withdraw their unmerited application to ban me from substantive hearing) it'll be déjà vu for our lawyers!

Probably not too difficult to squeeze 'my' hearing in MPTS diary soon as it's only 3 days, but surprising if they find vacant 3 week slot in the next 6 months, so could take up to 1 year to again relist Jindal's hearing - for the THIRD time!

I've run out of adjectives to adequately describe this craziness, while Greg and Catherine, worried by General Medical Council lies and lack of transparency throughout, disgusted with Medical Practitioners Tribunal Service, unable to trust either organisation, gave their blessing for me to publish this info.

19 September


(D’you think he’d introduce me to his influential friend Rishi Sunak if I asked nicely? www.facebook.com/drprashantjindal )
17 September

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11 Sept, this to Greg Brady and Catherine Froud from paralegal Alex (sender of emails I think General Medical Council lawyers avoid putting their name to fearing I will publish) 👀

'I write to inform you that, following an application by Dr Jindal, the preliminary hearing listed to start today and the substantive hearing listed to start on 25 September 2023 have both been postponed.

The GMC opposed both applications, however the MPTS determined to grant the postponement at 16:26 on Friday.

The MPTS will provide directions for relisting in due course...'

Catherine called Alex, who verbally confirmed that Jindal’s application to postpone his 25 Sept FtP hearing was made on 6 Sept, 'strongly opposed’ by GMC lawyers.

Unable to disclose reason for Jindal's application, he said more would come to light soon.

But the really shocking disclosure - where the dates become important to note, was when Alex told Catherine, and I quote: 'The MPTS opened the door’, asking Jindal if he also wanted to apply to postpone the preliminary hearing on 11 Sept!

Not directly affecting his substantive hearing in any way, Jindal hadn't asked for this, and nor was his presence required, only his lawyers (remotely), so 100% no reason whatsoever to postpone 11-13 Sept!

Catherine emailed Alex for clarification of dates:
'The application was made on 6 September. The GMC responded in opposition on 7 September.
 
MPTS asked Dr Jindal’s representatives to confirm if the application was also being made in respect of the preliminary hearing on 7 September. Dr Jindal’s representative confirmed it related to both the preliminary hearing and substantive hearing on 8 September.'
 

Some of you may have already joined the dots, others may need to read my previous post again to understand the significance of dates & timing!

The General Medical Council saw no merit in Jindal’s application to postpone, presumably therefore no rational reason given, and by suggesting to Jindal that 'my' hearing also be postponed, this proves the Medical Practitioners Tribunal Service agreement was nothing less than a devious move on their part.

However, they've only delayed the inevitable, because (unless GMC see sense & withdraw their unmerited application to ban me from substantive hearing) it'll be déjà vu for our lawyers!

Probably not too difficult to squeeze 'my' hearing in MPTS diary soon as it's only 3 days, but surprising if they find vacant 3 week slot in the next 6 months, so could take up to 1 year to again relist Jindal's hearing - for the THIRD time!

I've run out of adjectives to adequately describe this craziness, while Greg and Catherine, worried by General Medical Council lies and lack of transparency throughout, disgusted with Medical Practitioners Tribunal Service, unable to trust either organisation, gave their blessing for me to publish this info.
19 September

Yesterday, just after midday, Denis Fitton posted an odd comment on @MBEFCampaign Twitter page.

Not recognising his name I saw that he was following me, his tweets all football related, so I assumed he was a troll and ignored.

I don’t engage with trolls, but MBEF members were sending me screenshots of his tweets that included inflammatory content, and then I realised - he was the husband of Vaishali Fitton, MPTS Senior Legal Adviser (her letter to my legal team posted here 7 September)!

I noted that his tweets were undoubtedly based on discussions with his wife, as no other reason for him to have sought me out and follow on Twitter!

Indicating that he believed their lies, he incredibly posted a link to a highly defamatory website, re me and BBC radio producer/journalist Nicola Dowling, one of dozens posted by the #TwistedFncks in 2022, that my legal team are still working to take down.

By 11pm Denis Fitton had deleted some of his tweets, avoiding naming me in his comment that he shouldn’t have let his ‘anger for the OP cloud my better judgement’, presumably dictated by his lawyer wife.

By this morning he’d deleted all, no longer following me, and I have blocked him 👀



This is an example of what Denis Fitton posted, with some of the replies, and I’m not going to make further comment, but leave you to judge if I’m unfair to question the integrity of regulatory bodies like the General Medical Council, and impartiality of the MPTS.



Meanwhile, complaints will be with the MPTS tomorrow, and it is yet to be seen whether or not this unacceptable behaviour by the husband of a senior legal adviser employed by a public body should be investigated by the Solicitors Regulation Authority (albeit not much better than the GMC!)

This followed a week of nail biting legal wrangling, between my amazing counsel, Marc Beaumont, and MPTS Senior Legal Adviser, Mrs Vaishali Fitton.

The ‘application’ was perhaps counsel’s final warning letter yesterday, that if they refused to permit me representation to defend the General Medical Council (GMC) application to ban me from attending Dr Prashant Jindal’s relisted hearing, we would then move to seek a Judicial Review.

Shortly after 1pm, Mrs Fitton apparently left work early, not returning until Monday, and correspondence was taken over by MPTS Executive Manager, Gavin Brown.

It appeared that Gavin realised how badly this had been handled (a total fnck up in fact!), and was trying to smooth things over, but Mrs Fitton had pushed it too far, so no safe compromise that we could agree to.

By 4.30pm, their backs to the wall, it would have been rendered unlawful to continue without allowing me the right of counsel to defend against whatever allegations would have been made on Monday, so the MPTS had no option but to vacate both hearings.

BUT - to be absolutely clear, the GMC could easily have withdrawn their unmerited application to ban me from the substantive hearing on 25 September, and allowed it to proceed unhindered!

Their irrational desperation to keep me away, to prevent me from observing and reporting on the hearing, makes no sense.

Not forgetting that the reason the GMC legal team gave for dropping my witness evidence from the relisted hearing was an outright lie! (Provided in person at the FtP hearing in May 2022, that I have to this day refrained from publishing.)

Why are they so scared of me 👀

To be continued…

President of The Royal College of Ophthalmologists in 2015, Carrie MacEwen was one of those who appointed me as Lay advisor to the RCOphth Refractive Surgery Standards Working Group (RSSWG), soon removed at the behest of her fellow Scot, Optical Express boss David Moulsdale.

Full gory story: www.opticalexpressruinedmylife.co.uk/ind...sts-rcophth?start=20

Excerpts:
‘Carrie needs to put her dislike of me aside, because, no matter what she or her College cohorts think about me, I’m going nowhere, and unlike theirs, my priority is to safeguard patients not my income!’

‘Carrie has vocally supported so many other eye health issues, with interviews to press and radio, yet not one word about refractive eye surgery!’

‘I was on the Lay Advisory Group for nine months, sitting at the same table as Carrie MacEwen, and, other than at the last meeting I attended, not once did I hear Carrie - or any other lay member - so much as mention refractive eye surgery!

It was only at my final meeting on 28 January 2016 that the topic came up, when the lay members were asked to comment on the RSSWG drafts.

They didn’t have a clue what they were talking about (none had EVER shown any interest in my area of expertise yet expected me to contribute to theirs) with one member suggesting that operations shouldn't be conducted in silence.

Yup, that would really help stop people’s eyes being damaged!’

Now let’s climb the higher branches of the GMC, meet the little birds, and see who put them there.

Then join the dots to appreciate what I’m up against, and understand the sheer scale of opposition to my campaign to expose the #refractivesurgery industry & introduce government regulation!

‘The Council is composed of six medical professionals and six lay members. All members are appointed by the Privy Council.’
en.wikipedia.org/wiki/General_Medical_Council#

‘Dame Carrie MacEwen has been appointed by the Privy Council as the new Chair of the General Medical Council.’
www.gmc-uk.org/news/news-archive/new-cha...eral-medical-council

‘The Chair also works closely with the Chief Executive and the Senior Management team in all aspects of the role.’
www.gmc-uk.org/about/how-we-work/governa...ouncil/council-chair

‘Anthony Omo – General Counsel and Director of Fitness to Practise
Anthony acts as senior legal adviser to our Council and the Chief Executive.’
www.gmc-uk.org/about/who-we-are/our-chie...nior-management-team

Carrie has never hidden her intense dislike of me (most recently at the GMC conference in 2022, almost baring her teeth when our paths met) and I have no doubt that she is party to the GMC’s illogical attack on me 👀

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I leave you to consider whether or not General Medical Council decision makers (perched on higher branches!) have an irrational and pathological hatred of me, or if the tribunal’s recusal last year was a reasonable and proportionate response to their accusations against me.*

One thing is certain, with regard to press and public interest, the GMC legal team have poured fuel on what was already expected to be a highly combustible FtP hearing 👀

*Tribunal recusal reasons detailed in Annex B & C, posted here 22 Sept 2022, summarised in the Medscape article two posts below.

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With Dr Prashant Jindal’s relisted FtP hearing now four weeks away (though not yet listed), you are entitled to ask what ‘preliminary arguments’ warrant considerable extra expenditure by the General Medical Council for an additional three day public hearing 11-13 September (virtual if you want to observe) 👀

It’s unclear (to me at least) why the Medical Practitioners Tribunal Service might decide NOT to publish the 2022 Tribunal’s decisions ‘at the conclusion of the relisted substantive hearing’, as these were detailed in Annex B & C, which their press office gave to Medscape, who then published online 👀

Dr Prashant Jindal's relisted Fitness to Practise hearing at the MPTS in Manchester is just over four weeks away, from Monday, 25 September to 13 October and I have news for you 👀

First listed from 25 May-10 June 2022, those of you who followed my posts will recall that I appeared as a witness for the General Medical Council, and once my evidence was given, I was able to attend the hearing and report on it daily.

Still undecided by 10 June, the panel asked for extra days to continue deliberating.

Unfortunately, the earliest dates available in the MPTS diary were 16-17 September, and then 22nd to hand down their decision.

Also requested by the panel, more dates in February 2023 were added to the MPTS diary, for the impairment and sanctions stages should they find the allegations against Dr Jindal proven.

Optimistically we waited…

Fast forward to the morning of 16 September when the tribunal reconvened, and surprisingly announced that they were going into public session (remote access), and in an unprecedented move the next day, recused themselves!

The reasons they gave for doing so shocked everyone who knew the truth, when incredibly, and entirely unfairly, they blamed me!

Without any right of reply, the panel detailed their ludicrous reasons in Annex B & C, posted below - 'MPTS tribunal recusal: Annex B & C 22 Sep 2022 16:00'

The next month, October 2022, witnesses were emailed asking for their availability for the relisted hearing in September 2023.

But having not received my email I called the GMC legal team, who told me that my evidence was no longer needed!

So I emailed them: 'Given that I was a witness at the initial hearing, please provide me with detailed reasons for this decision.'

And whilst I will not (yet) publicly discuss this, other than to say my evidence supports that of Greg Brady and Catherine Froud, their emailed reason was an outright lie!

Not really serious, facetious perhaps, I asked: 'Please also confirm whether or not you are going to attempt to exclude me from the hearing itself?’

Shocked therefore when they replied: 'A decision on this has not yet been made. You should also note that it is also open to the defence to make an application to exclude you and, the tribunal, of its own motion, may also take that decision.’ 😳

To be continued…

I invite you to read this review before I continue (a chance meeting on 10 June with its co-author Martin Forde KC, both of us returning from Manchester MPTS to London), and note the referenced May/June 2022 dates, because I believe this may have some bearing on my incredible story!



www.gmc-uk.org/-/media/documents/the-gmc...ofessor-94950326.pdf