LAWYERS for a North Yorkshire consultant psychiatrist, who was placed on the sex offenders' register despite being found unfit to stand trial on rape and indecent assault charges, claimed in the Court of Appeal that he was the victim of an "oppressive" procedure.
William Kerr, 75, suffers from a brain-wasting disease and, because of his mental incapacity, was not officially tried when a Leeds Crown Court jury was asked last December to make "findings of fact" on the charges brought against him. After a lengthy hearing, the jury found that he had indecently assaulted a woman patient 14 years ago.
The jurors cleared him of four other indecent assaults and two rapes, and were unable to reach decisions on another ten indecent assault charges and two rape allegations.
Kerr, of Haigh End, Alne, was granted an absolute discharge and placed on the sex offenders' register.
The Court of Appeal in London is now being asked to overturn the jury's finding of fact. The General Medical Council suspended his membership of the medical register for 18 months pending further investigations into his conduct over the past 20 years.
At present, the GMC has no power to strike him off, but it is considering legal changes which would allow for the automatic striking-off of anyone placed on the sex offenders' register.
The Department of Health has launched an inquiry into allegations made against Kerr by a large number of women.
Robert Smith QC, for Kerr, yesterday told three appeal judges in London that his right to a fair hearing under Article 6 of the European Convention on Human Rights had been breached because he had been subjected to a criminal procedure, despite being unfit to stand trial.
The wide-ranging crown court hearing was ordered under the Criminal Procedure and Insanity Act by High Court judge Mr Justice Hooper, who said the interests of the public and the women's complainants outweighed Kerr's interests in not having to undergo such an inquiry.
Mr Justice Hooper rejected argument that the hearing would be an "abuse of the court process" because the inevitable outcome, in view of Kerr's mental state, would be an absolute discharge.
The hearing continues.
Updated: 11:11 Thursday, July 26, 2001
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