The RCVS Disciplinary Committee has struck off Suffolk vet Oliver Fraser Lown after finding him guilty of five separate charges relating to the possession of extreme animal pornography and sexual activity with animals.
Mr Lown, who graduated from Szent Istvan University in Hungary and has stated that he has never practised in the UK, did not attend the Disciplinary Committee hearing but was represented by Mr Jo Cooper, a solicitor-advocate. He was accused of five charges of disgraceful conduct in a professional respect:
On the first day of the hearing, the respondent made an application to the Disciplinary Committee that the hearing should be held in private on the basis that any publicity about the case 'would offend public morality' due to the nature of the allegations and because the respondent's father suffers from ill-health, which could be adversely affected by any publicity. The Committee rejected the application on the grounds that the nature of the allegations was already in the public domain and that public justice in the context of professional regulation outweighed the private concerns of the respondent regarding his father.
On the second day of the hearing, the respondent made an application to adjourn charges 2 - 5 on the basis that he had already admitted, and received a conditional discharge, for the first charge and would, therefore, not oppose removal from the Register and an undertaking never to re-apply. The respondent also argued that the original decision of the College to register him in July 2013 was flawed because it was unfair to admit him, in awareness of his conditional discharge, apparently for the purpose of taking disciplinary proceedings against him. He also referred to the Crown Prosecution Service's decision not to prosecute him in respect of charge 4.
This application was dismissed by the Disciplinary Committee on the grounds of the gravity of charges 2 - 5 and the fact that the respondent chose to apply to join the Register and had been advised to seek legal advice regarding his conditional discharge beforehand. Furthermore, the Disciplinary Committee heard that there was no error at the time of his registration because the conditional discharge was not a conviction and therefore, under the Veterinary Surgeons Act, there was no option to refuse registration.
The respondent then made a final application to have the case adjourned on the grounds that new documentation he had received the previous day regarding his registration had led his lawyers to conclude that the decision to register him may have been unlawful. However, the Disciplinary Committee said that, in its understanding, the RCVS Registrar had no option but to register Mr Lown. The Disciplinary Committee then dismissed the application on the grounds that any challenge of the validity of registration could and should have been made within the three month time limit for judicial review and that no significant new documentation about Mr Lown's registration had come to light that could reasonably be said to have triggered a judicial review and warrant an adjournment. It also again highlighted the gravity of the charges.
The Disciplinary Committee then heard evidence in relation to charges 2 -5, including that of two officers from North Yorkshire Police who took part in the original investigation, who the Committee found to be credible and reliable witnesses, and, after reviewing the evidence, found that all four charges were proven.
The Committee then considered the appropriate sanction for Mr Lown, and took into account a number of aggravating factors including the risk of injury to animals, premeditated misconduct, sexual misconduct, misconduct sustained or repeated over a period of time and his lack of insight into the offences or his overall conduct.
Professor Noreen Burrows, chairing the Disciplinary Committee and speaking on its behalf, said: "In these circumstances, the Committee has no doubt that the respondent's conduct was of the utmost seriousness. The material found in possession of the respondent and his own conduct in charge 4 involved the abuse of animals and a total lack of respect for their welfare. In the judgement of the Committee each of the charges individually amounts to disgraceful conduct and the charges certainly amount to disgraceful conduct when taken cumulatively."
In order to safeguard animal welfare, maintain public confidence in the profession and uphold proper standards of conduct, the Disciplinary Committee directed the Registrar to remove Mr Lown's name from the Register.
The Committee's full findings and decision are available on the RCVS website (www.rcvs.org.uk/disciplinary).
More on this story: http://www.bbc.co.uk/news/uk-england-suffolk-28524348
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