GMC IN CRIMINAL COURT FOR SCAMMING ITS REGISTRANT

 

 

Dr Joseph Onwude FRCOG

The Croft, Warley Road, Great Warley, Brentwood CM13 3HT

jlonwude@btconnect.com

  

Mr. Jim Percival                                                                                 5/11/2021

Principal Legal Adviser and Deputy Legal Counsel,

GMC Legal, The General Medical Council,

3 Hardman Street,

Manchester M3 3AW.

 

Emailed to: jim.percival@gmc-uk.org

 

Pre-Action Protocol: The GMC Breaches the Human Rights of its Registrant by GMC Scamming Emails

This Pre-Action Protocol is directed at email scamming by the General Medical Council by laying the factual background, psychological impact and legal basis of the claim. You will have 2 weeks to investigate and respond on liability.

It is uncertain at the moment whether this will be a private prosecution or a filing at the Royal Courts of Justice against The General Medical Council, through Crowd Funding.

I hope that we can agree that one effect of the Human Rights Act 1998 is that the GMC (The Public Body) must respect and protect the Human Rights of a victim like this claimant. The issue is that The GMC are liable in damages for the Personal Injury to Dr Joseph Onwude by the systems they set up to scam a registrant through repeated pressure about removal from the Medical Register for not completing the revalidation, when in fact it had been completed and submitted soon after 12/3/2020. The scammer, the GMC, chose not to recognise that:

1. Appraisal within the process of Revalidation was successfully completed with Prof Rehan Kazi, whose name had been on a list of GMC Appraisees for doctors without a designated connection. He sent a certificate which was included in the Revalidation bundle.

2. The Revalidation bundle was posted to the GMC about 14/3/2020 after Prof Rehan Kazi did my appraisal in my house and sent me a certificate dated 12/3/2020.

3. Covid-19 struck and lock-downs came into play. Unannounced by 3/3/2020, The GMC went into home working basis for its staff.

4. The GMC did not acknowledge the Revalidation Bundle that was sent by post and online ‘push button submissions’ that were part of the process.

5. The GMC did not confirm satisfactory Revalidation perhaps because they were working from home. I also assumed that the GMC would tell me the results of my Revalidation, either satisfactory or unsatisfactory. It never happened.

6. The second process began about March 2021, when the Revalidation bundle of the previous year, 3/3/2020 was resent to the GMC by email within 30 minutes of their enquiry, as proof. It was neither acknowledged nor scored.

7. The general tone of the emails was that if I did not Revalidate, my license would be withdrawn. It was obvious that Mr. Charlie Massey and his scammer, Mr. Abadaki did not know that I liked a good contest.

8. It is inconceivable that I would receive a favourable assessment from the recommended assessor, Prof Rehan Kazi, five consultant colleagues and five patients and then not submit the Revalidation Bundle.

9. I immediately informed my referring colleagues that the GMC had informed me of the removal of my name from the Medical Register despite glowing reports, for not Revalidating. Some were very amused that I had not sent my Revalidation Bundle to the GMC after their glowing reports. I immediately sent them the full Revalidation Bundle that I had sent to the GMC about 14/3/2020. The patients I take care of are women predominantly on Hormone Replacement Therapy and they only needed to remember  their health experience in 2017-2018 when I was erased from the Register by the GMC, based on GMC investigations and Trial in the MPTS, the MPTS hearing itself, the erasure from the Register on 15/12/2016, the section 40 Statutory Appeal, the restoration by Collins J [Onwude v GMC (2017) EWHC 601 (Admin)], the GMC appeal in the Court of Appeal where Faux LJ found for Onwude, the residual remittal hearings on the non-significant remaining allegations, withdrawal of most allegations and some defeat of the GMC on some allegations. In the end, the MPTS judged that I was not impaired, with two warnings.

That took a lot out of me since I was a litigant in person and largely unrepresented at the MPTS hearings. At 65 years of age, divorced from GMC/MPTS events, damaged family – two children, and damaged relationships with my colleagues and General practitioners on the basis that there was ‘no smoke without fire’, I was not prepared for another GMC matter.

However some of my women did not accept my decision to retire on 1/9/2021, on the basis of ‘injustice’ and self-concern for their own care. On this basis I have decided to persist and show the GMC some moves.

The scam that the GMC put forward was to use a successful Revalidation Bundle and exercise to withdraw my license is going to land them before ACTION FRAUD for online email fraud. Mr. David Abadaki, the Revalidation Adviser in the Registration and Revalidation Directorate [revalidation-support@gmc-uk.org] 0161 923 6277, and Mr. Charlie Massey should expect to hear from Action Fraud.

10. The psychological impact of the physical injury and the losses this has further caused me and my family, my friends, my patients, and my medical practice amounts to a huge financial loss.

11. This scam by the GMC of its registrant was handled in a way that breaches Article 6 and Article 7 of the Human Rights Act, 1998, both of which were absolute Rights by a

Public Body to a victim under their Registration. There clearly was a dispute: you did or

did not meet the requirements of revalidation. It was never settled by law. A scam was

the GMC chosen route – to scam me out of medicine.

 

The scam that The GMC relied upon breached Article 6: The absolute right to a fair trial.

·       by an independent and impartial tribunal;

·       with a real opportunity to present his case or challenge the case against them;

·       with procedural equality;

·       with equality of arms between the parties, and

·       The right to practice my profession.

 

Furthermore, the scam included a breach of Article 7, the Right to no punishment

without Law.

 

There was no trial so Article 6 was entirely breached.

There was punishment without Law, so Article 7 was entirely breached.

 

The legal basis is that The GMC denied me the absolute Right to trial to show my

Revalidation Bundle myself, present witnesses including Prof Rehan Kazi and other

witnesses, most of which had completed my Revalidation forms, and also tell about the

impact on me and their own wellbeing.

 

The GMC must have assumed that they could also afford to deny me these absolute

Rights because the liability for these cases are usually low and at the discretion of the

Court.

This claim will be combined with another claim on torture to show a type of behaviour by the GMC where they breached Article 3 of the HRA 1998, the freedom from torture

and inhuman or degrading treatment.

12. There is no doubt that the three perequisites for a claim under Human Rights Act 1998 to succeed, are all present and satisfied:

·       The defendants, The General Medical Council, are a Public Body.

·       The claimant, Dr Onwude, is a victim and

·       The GMC has acted in breach of Article 6 and Article 7 of the claimant’s Human Rights under the ECHR.

There is the question of liability and damages for personal injury.

I would be grateful for a response within 2 weeks.

 

Yours sincerely,

  

Joseph Onwude MBBS, FRCOG, MSc, DLSH&TM, Cert Comp Sci.

Consultant Gynaecologist

 

cc

Mr. Charlie Massey                                                                            

CEO and Registrar,

The General Medical Council,

3 Hardman Street,

Manchester M3 3AW.