Shekyena Marcelle-Brown makes successful submission of no case to answer on behalf of paramedic accused of dishonestly failing to disclose a criminal investigation

Shekyena, instructed by Thompsons Solicitors, successfully persuaded the Conduct and Competence Committee of the Health and Care Professions Council (HCPC) to dismiss the case against her client.

The client, a respected paramedic of exemplary character, was accused of a number of allegations of historic sex offences. The paramedic attended a voluntary police interview which led to him being charged and tried before a jury in the criminal courts, and he was subsequently acquitted of all charges.

The HCPC’s case was that the paramedic failed to disclose that he was under Police investigation following his voluntary interview and was dishonest in doing so. During the HCPC hearing, it was not in dispute that the paramedic did not disclose the Police investigation between October 2019 and July 2020.

During cross-examination, the HCPC’s key witness agreed that there were no concerns about the paramedic’s honesty and integrity, and conceded that the paramedic’s contract of employment did not specifically refer to criminal investigations.

Shekyena successfully submitted that the case should be dismissed at half-time on the basis that the wording of the paramedic’s contract of employment only required him to disclose criminal convictions or cautions, that there was no evidence that he was aware or ought to have known that he was under Police investigation, and that there was no evidence that he was acting dishonestly which meant his actions would be insufficient to amount to misconduct.

As a result, the client is able to continue his practice as a paramedic with his reputation intact.

Shekyena was instructed by Michelle Stewart of Thompsons Solicitors.