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The evidence in this case has not been heard in public because of the super-gag imposed on Gary Walker by lawyers acting for the NHS at his employment tribunal (http://drphilhammond.com/blog/2011/11/09/private-eye/medicine-balls-private-eye-issue-1301-november-9-2011/).

In referring the matter to the GMC, I am hoping that the gag will not apply and that Mr Walker will be able to speak freely and openly, although this is by no means certain given the effort and legal expense the NHS goes to in silencing whistleblowers. It is legal debate as a result of the gag that has delayed this action.

I have made three referrals to the GMC about doctors in management positions failing to act appropriately to support whistleblowers and prevent patients suffering avoidable harm. This is my duty as a doctor, and I too would be liable to referral if I did not act. One case was rejected, although the doctor was criticised by an independent inquiry and left his post. Two are ongoing. The orignial Gary Walker story is available here http://drphilhammond.com/blog/wp-content/uploads/2010/07/Shoot_the_Mesenger_FINAL.pdf

I make no judgement on the outcome, other than to say people in positions of such authority need to be held to account in public when such serious allegations are made.