Description
In 1999 Mr Emmanuel joined a surgery as a partner and general practitioner. In January 2004 he was included on the first respondent care trust's medical performers list. In June 2008, the trust was informed of allegations relating to Mr Emmanuel, namely that he had engaged in an improper relationship with a former patient by whom he had fathered a child. The complaint was investigated by the trust and there followed an oral hearing after which he was suspended from the list. In March 2009, Mr Emmanuel was removed from the list on the grounds of unsuitability. He appealed this decision as the tribunal had exercised its discretion not to call the former patient to give evidence before it. It was held that as the date when the sexual relationship started had been fundamental and a contested matter of fact, the panel had made an error of law in not allowing Mr Emmanuel to cross-examine the former patient regarding the allegations.
