The Privy Council has overturned an RCVS Disciplinary Committee to strike Leeds-based Dr Gary Samuel MRCVS from the Register following his conviction for theft, common assault and a public order offence at Cardiff Magistrates' Court in November 2011.
The Disciplinary Committee had agreed the sanction following a hearing in February 2013, at which it decided that Dr Samuel's conviction made him unfit to practise veterinary surgery.
Dr Samuel appealed the decision and the Privy Council heard the case on 26th March.
Dr Samuel had been sentenced by Cardiff Magistrates' Court to concurrent terms of 28 days' imprisonment for theft and common assault and 12 weeks' imprisonment for the public order offence, all suspended for 12 months. He had also been ordered to carry out 140 hours' unpaid work and to pay compensation of £75 and costs of £625. The charges related to an incident involving Dr Samuel and his neighbour, described by the Privy Council as "a spontaneous outburst in the course of an angry quarrel between neighbours", for which it felt that the Disciplinary Committee's sanction of removal from the Register was "disproportionately severe."
The Privy Council felt that, in making its decision, the Disciplinary Committee followed too closely the verdict reached by the Magistrates' Court, and did not take mitigating circumstances sufficiently into account, including whether the attack by Dr Samuel on his neighbour had been provoked by racial abuse.
Delivering the Privy Council's judgment, Lord Toulson said: "It is apparent from the reasons given by the Committee, both on the question of fitness to practise and on the question of sanction, that it was considerably influenced by the fact that the magistrates imposed a suspended prison sentence.
"Although Dr Samuel pleaded guilty to the theft of the camera and he was not in entitled to go behind his plea, it is nevertheless difficult to understand on the evidence how the prosecution would have proved that there was an intent permanently to deprive [the victim] of it. In all the circumstances, it is hard to conceive that the court would have considered that the offences truly passed the custodial threshold for a person of good character, if it had not had the power to suspend the sentence... Dr Samuel's conduct was thoroughly reprehensible, but the Board [Privy Council] does not consider that its gravity was such that it would be in the interests of the public now to remit the case to the Committee".
Dr Gary Samuel will not now be removed from the Register
The Privy Council's judgment can be read in full at http://jcpc.uk/decided-cases/index.html
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I thought they were being over zealous at the time , heat of the moment ,harsh words etc It may have been better to have issued a warning or just seen it for what it was. They probably compounded the activities of a "hang em high" magistrate . There is far too much of this rubber stamping decisions made in the courts.
Does this mean I can now also tell my irritating neighbour, specifically a nauseous little part time farmer who insists on trying to claim ownership of our tree and garden fence. To sod off and take the liberty of pre-emptively twating him next time he shows up and pervs on my wife?. I guarantee while providing a considerable amount of satisfaction for me personally it will not impinge on the quality and standard of my work in the following week.