In an unusual move, the High Court recently overturned the decision by a professional body to strike off a midwife on charges of misconduct.
Eunice Ogbonna had been struck off after allegations against her were found to be proved by the Nursing & Midwifery Council. However, the key witness against Ms Ogbonna, Betty Pilgrim, was not brought to the hearing which made the findings of misconduct. She had left the UK to live abroad and there was no severe pressure put on her to return to the UK to give oral evidence. Rather, her written statement was accepted in evidence by the Council.
The High Court ruled that this was not acceptable, since there was clear evidence of “bad feeling” between Ms Pilgrim and Ms Ogbonna. Ms Pilgrim had been the key witness against Ms Ogbonna and was the only witness to some of the alleged events.
The judge ruled the Council’s findings could not stand and that Ms Ogbonna had been deprived of a fair hearing. There had been no attempt to secure the attendance of Ms Pilgrim at the hearing either in person, or by a video link. In the circumstances, where there was “bad feeling”, it was appropriate for the witness to have been cross-examined, particularly where someone’s livelihood was at stake.
Employers should always bear in mind that cross-examination of witnesses can be crucial to reaching a safe and fair decision. Cross-examination is all the more important where there is known bad feeling between witnesses or allegations of bad faith. The Independent has also covered this story in detail.
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