GDC and Attempted Murder
Marios Lambis wins application brought by the General Dental Council to adduce evidence via the hearsay provisions of the General Dental Council’s Fitness to Practise Rules in an attempted murder case.
Marios Lambis represented the interests of Mr A in a Preliminary Meeting specifically convened to hear this legal argument.
The case involved a dentist who was accused by the Council of attempting to murder or seriously wound/injure a man he believed to be his wife’s friend and drug dealer. He had been acquitted in the Crown Court after a lengthy trial.
The General Dental Council was seeking permission to admit evidence by way of Rule 57 of its Fitness to Practise Rules (hearsay provisions) without the need to call all witnesses live. The Council argued that the transcripts of the Crown Court proceedings were available to the hearing, including the defence’s extensive cross-examination of some of the witnesses and, given that many of the experts had been agreed between the Crown and the Defence in the Crown Court proceedings, their physical presence was not necessary.
After hearing arguments from both sides, the Preliminary Meeting rejected the General Dental Council’s application.