Lawyer questions force's use of agency doctors

Prosecutor concerned over use of agency doctors as police surgeons in rape cases

News, 20 September 2005

A lawyer has warned that rapists could escape prosecution in the Highlands because the role of police doctors is now being handled by an agency.

The concerns, expressed by Simon Di Rollo QC in a newspaper article, follow a rape trial in Inverness in July, in which Stephen Stewart was convicted of rape and jailed for eight years. The Croatian doctor used by the Medacs Healthcare agency did not speak good English, though he was not called to give evidence in the trial.

Mr Di Rollo, who prosecutes from time to time in the High Court, said he had been concerned that the man would not be able to communicate with a jury, and about his qualifications and experience. To examine the victim of a rape required particular skills and experience, he said, adding: "It is better for a local doctor to deal with rape victims who is more likely to understand where they are coming from."

A spokesman for Northern Constabulary said Medacs Healthcare had been hired by the force in 2003 because of difficulties finding local surgeons.

Medacs Healthcare said that a full investigation was now ongoing as a result of the Inverness case and that the doctor in question had since been sacked by the agency.

In a statement, Crown Office emphasised that Mr Di Rollo was speaking in a personal capacity and not on behalf of the prosecution service.

"In the specific case which was mentioned the doctor did not require to give evidence, since the medical evidence was agreed between the Crown and defence as a result of the medical investigations that had been carried out", the statement added.

"We are committed to working closely with key partners and stakeholders, locally and nationally, in the criminal justice system to seek continually to improve the service provided to the public including police surgeon services. In this regard [Crown Office] does provide constructive and critical feedback to all such agencies where it is identified that services can be improved. While the provision of police surgeon services is a matter for the police forces, we do assist with advice and training."