'Laying an Information' Against CHARLIE MASSEY for FRAUD in REVALIDATION SCAM

 

THE MAGISTRATE COURT OF JUSTICE                                                GMC 3608119

Westminster Magistrates Court

181 Marylebone Road, London NW1 5BR.

 

Between

Dr. Joseph Onwude                       Claimant

 

Mr. Charlie Massey                      Defendant

 

Fraudulent Misrepresentation (7/6/2021 - 13/7/2021) within the Tort of Deceit

 

PRIVATE PROSECUTION

 

‘Laying an Information’

 

 

The Parties

 

1. The claimant private prosecutor is Dr. Joseph Onwude of The Croft, Warley Road, Great Warley, Brentwood CM13 3HT.

2. The defendant is Mr. Charlie Massey, Chief Executive Officer and Registrar, General Medical Council (The GMC), 3 Hardman Street, Manchester M3 3AW.

3a. This claim is for damages from fraudulent misrepresentation against Dr. Onwude between 7 June 2021 and 13 July 2021 at the General Medical Council concerning Revalidation Process due on March 2020. This led to a fraudulent process that was criminal in process and an outcome that caused malicious damages to Article 6(3) Human Rights Act 1998 in the Right to Practice my Profession, which is an absolute right.


3b. The tort of deceit makes a factual representation, knowing that it is false, or reckless or indifferent about its veracity, intending that another person relies on it, who then acts in reliance on it, to that person's own detriment.

3c. The damages arise from the fraudulent processes and power that deprive Dr. Onwude from being able to earn and care for his family from a fraudulent lie by the GMC because I did REVALIDATE.

4. There was a deliberate action on the part of the wrongdoer, often involving dishonest conduct.

5. The statutory power of this action is based on section 6(1) of the Prosecution of Offences Act 1985 which allows a member of the public to bring a private prosecution for any offence.

6. This ‘Laying an Information’ at the Magistrates Court is based on Criminal Justice Act 2003, Section 30 (4): Nothing in section 29 affects—(b) the power of a person who is not a public prosecutor to lay an information for the purpose of obtaining the issue of a summons or warrant under Section 1 of the Magistrates’ Courts Act 1980 (c. 43)”.

7. There is no obligation upon a magistrate or clerk to make any inquiries before issuing a warrant. A warrant may be issued without giving the parties an opportunity to make representations and without a hearing (R.7.4(1) Criminal Procedure Rules, 2014).

7a. Order sought: Issue of summons to appear before a Crown Court (Rule 7.2 of the Criminal Procedure Rules, 2014).

7b. Where the offence charged is an ‘indictable only offence’, a warrant under this section may be issued at any time notwithstanding that a summons has previously been issued Section 6 of the Magistrates’ Courts Act 1980.

8. TRANSFER TO THE CROWN COURT

In respect of anyone appearing before the magistrate’s court on an indictable only offence, the magistrate’s court must immediately transfer the case to the Crown Court, Section 51(1) Crime and Disorder Act 1998.

9. The fraudulent misrepresentation was through a series of three emails on 7th June 2021, 16th June 2021 and 13th July 2012, two from the defendant Mr. Abadaki and the third from the General Medical Council. This will be attributed to the Chief

Executive Officer and Registrar of the GMC, Mr. Charlie Massey.

10. The statutory Revalidation Process is due every 5 years Council (Licence to Practise and Revalidation Regulations 2012) with yearly Appraisal exercises. 

 11. The emails allege that the claimant had not revalidated as he was supposed to do in March 2020. On 7th June, 2021, Mr. Abadaki informed the claimant that he was at risk of losing his Licence to Practice if he did not revalidate. This was repeated on 16th June 2021. He was informed by a third email that his Licence to Practice had been withdrawn. He was instructed not to practice.

12. The damages for Fraudulent Misrepresentation arise from breaches of Articles of the Human Rights Act, 1998:

12a. Breach of Article 6(1): Where the right of a trial was denied despite statutory GMC Licence to Practise and Revalidation Regulations 2012, which is not Primary Parliamentary Legislation where there was a dispute between the GMC, the Public body and the victim.

12b. Breach of Article 6(3): Where the right to practice my profession is fraudulently denied where there was a dispute between the GMC, the Public body and the victim.

12c. Breach of Article 7(1): Where the right not to be punished without Law where there was a dispute between the GMC, the Public body and the victim.

13. Article 13 HRA 1998 makes sure that if people’s rights are violated they are able to access effective remedy. This means they can take their case to court to seek a judgment. The Human Rights Act is designed to make sure this happens.

 14. Chronology

14. i. The claimant was informed to revalidate by end of March 2020.

 14. ii. The claimant had no designated body, like a Hospital group which would have a Revalidation officer. Therefore he was advised to seek this assessment from a list. The chosen individual was Professor Rehan Kazi (GMC No 6040524, rehan.kazi@medicalappraisals.org.uk) of MEDACS, Global Medics, BPAS.

 The REV12 Appraisal Report form was electronically submitted on 2/3/2020.

 14. iii. The Revalidation Process (e.g.REV12) had multiple points of electronic submit, which showed that the claimant and Professor Rehan Kazi completed these time points.

 14. iv. I did not get an acknowledgement from GMC. Perhaps, the Covid-19 lockdown, when the GMC employees worked from home affected the GMC response and efficiency.

14. v. 7/6/2021 - Summary of Email 1:

revalidation-support@gmc-uk.org

Mon 07/06/2021 08:28

·       Decision on withdrawal of your licence to practise

·    We have considered all of the information and evidence and an Assistant Registrar has made a decision to withdraw your licence to practise in accordance with the GMC (Licence to Practise and Revalidation) Regulations 2012.

o   WHAT INFORMATION IF I DID NOT SUBMIT A REVALIDATION?

o   I have sent a copy of their decision to your registered address by recorded post. If you do not receive this letter within two working days please contact us on 0161 923 6602 to let us know.

o   EVIDENCE of recorded post

o   We will withdraw your licence to practise on 13 July 2021.

o   You must not practice in the UK

o   From 13 July 2021 you must not undertake any form of medical practice within the UK, which requires you to hold a licence to practise.

o   Your name will remain on the medical register but will show you do not have a licence to practise.

Appealing the decision

You can appeal this decision. If you wish to appeal, you must do so in writing before 6 July 2021.

Before making your appeal, you should carefully consider your reasons why you are appealing and if you will be able to provide robust and objective evidence in support of your appeal.

CLAIMANTS COMMENTS

1. No reasons given for withdrawal of license.               

THE CEO MUST TAKE RESPONSIBILITY FOR ITS ORGANISATION                                                     

14. vi. 16/6/2021- Summary of Email 2:

revalidation-support@gmc-uk.org

Wed 16/06/2021 14:24

 ·       Sorry to hear about my health issues – so I responded to their email of 7/6/2021.

·       Reiterates their decision of 7/6/2021

·       DATE TO APPEAL 6/7/2021

·       Appealing the decision

·       The Doctor Support Service

David Abadaki, Revalidation Adviser, Registration and Revalidation Directorate, The GMC. Tel 0161 923 6277, www.gmc-uk.org.

CLAIMANTS COMMENTS

1. No reasons given for withdrawal of license.                              

14. vii. 13/7/2021- Summary of Email 3: revalidation-support@gmc-uk.org

Tues 13/7/2021 14:00

·       From 13/07/2021 you are no longer licensed to practise medicine in the UK.

·       We have withdrawn your licence for the reasons set out in our previous letter

·       Your name remains on the list of registered medical practitioners and you will continue to pay a reduced annual retention fee. Any change in fee will be calculated from the date your licence was withdrawn. If you wish to remove your name from the register then you will need to apply to give up your registration (also known as voluntary erasure).

·       You must not work in any role which requires you to hold a licence to practise

·       If you are currently working in a role which requires you to hold a licence to practise you must stop immediately.

What you need to do now

·       If you do not need a licence to practise, you do not need to do anything else.

·       If you need a licence to practise, you will need to apply to restore your licence. As part of your application you will need to provide robust evidence as to how you have now met the requirements for your revalidation that you previously failed to do and led to your licence being withdrawn. The reasons are set out in our previous letter. It is likely it will take longer for us to make a decision on any application to restore your licence, than our normal processes.

General Medical Council

CLAIMANTS COMMENTS

1. No reasons given for withdrawal of license.   

2. Reference to Previous letter (s): NONE WAS RECEIVED. 

 15. The TRUTH

 15. i. The claimant states the truth: a Revalidation process occurred and Prof Rehan Kazi issued a certificate on 12/3/2020.

 15.ii. The GMC responds to the Claimant’s email on 16/6/2021 with revalidation-support@gmc-uk.org

 

Wed 16/06/2021 14:24

 

·       Sorry to hear about my health issues – so I responded to their email of 7/6/2021.

·       Reiterates their decision of 7/6/2021

·       DATE TO APPEAL 6/7/2021

·       Appealing the decision

·       The Doctor Support Service

 

From

David Abadaki, Revalidation Adviser, Registration and Revalidation Directorate, The GMC. Tel 0161 923 6277, www.gmc-uk.org.

 

16. Th claimant declares that he does not accept the GMC scam to withdraw his License by an email on 10/11/2021:

Mr. Joseph Onwude FRCOG

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

 

Mr. Charlie Massey,                                                                                   10/11/2021

Registrar and CEO

General Medical Council

3 Hardman Street

Manchester M3 3AW

 

Mr. Massey,

By this letter, I am notifying you and challenging your authority as CEO and Registrar of the General Medical Council, that I will not obey the GMC's sham authority that I stopped practicing on the basis that i did not revalidate as instructed in 2020. I did revalidate as mandated TO DO.

I received three emails relating to Revalidation and threats to withdraw my Licence to Practice. I only considered them as threats, and later as GMC SCAMS.

These came from a 'Mr. Abadaki' who could not spell 'Licence'. I believed that this was a scam perpetuated by you through Mr. Abadaki.

I implore you to look urgently into this before it blows in your face. Like Shipman, you will not want Scamming by GMC CEO and Mr. Abadaki to be a yours and your family's lasting memory.

Look into it. I DID REVALIDATE. FOR THIS DISPUTE AND INJURY, I EXPECT TO MEET YOU ALSO IN CRIMINAL COURT AS A PRIVATE PROSECUTION. 

 

Joseph Onwude

0745 976 2172

Cc Mr. Jim Percival

 

17. Limitations

This private Prosecution is within the time limit of ONE YEAR.

18. Damages

The damages for Fraudulent Misrepresentation arise from breaches of Articles of the Human Rights Act, 1998:

18. a. Breach of Article 6(1): Where the right of a trial was denied despite statutory GMC Licence to Practise and Revalidation Regulations 2012, which is not Primary Parliamentary Legislation where there was a dispute between the GMC, the Public body and the victim.

18. b. Breach of Article 6(3): Where the right to practice my profession is fraudulently denied where there was a dispute between the GMC, the Public body and the victim.

18. c. Breach of Article 7(1): Where the right not to be punished without Law where there was a dispute between the GMC, the Public body and the victim.

18.d. Article 13 HRA 1998 makes sure that if people’s rights are violated they are able to access effective remedy. This means they can take their case to court to seek a judgment. The Human Rights Act is designed to make sure this happens.

 19. Culpability:

Mr. Charlie Massey as Chief Executive Officer and Registrar of the GMC is responsible for the Articles of the HRA 1998 of the public body, The GMC against their victim.

STATEMENT OF TRUTH: I believe that the facts in these particulars of claim are true.

Mr. Joseph Loze Onwude

Date: 16/11/2021

 

Comments

Popular posts from this blog

Racism still exists at the GMC: A Personal View based on Experience

A Systematic Review of Section 40 Statutory Appeals under The Medical Act 1983 Against The General Medical Council On Decisions To Erase A Doctor From The UK Medical Register For Dishonesty Between 2003-2017.