Ground 2(iv), no evidence at all
Ground 2(iv), no evidence at all.
Dr Foy also asserted that some of the Panel’s findings of facts were made without any evidence at all to support them. Those related to the position of Ms A’s bag in the living room when the Sofa Incident occurred, how Ms A was dressed on that night, how Dr Foy was dressed and why, where Ms A intended to sleep on the Sofa Incident night. Dr Foy asserted the Panel’s findings on these details were pure speculation and unsupported by any evidence.
The GMC pointed out that V1 of Ms A’s written statement asserted she put the bag downstairs; Ms A stated that she was dressed during the Sofa Incident; Ms A asserted to the police that Dr Foy was also dressed and Ms A stated in evidence that she rested her head on a cushion or pillow and where that came from was just a reasonable inference.
- Heading
- The Parties and reporting
- The Panel’s decision, in summary
- The Appeals, in summary
- The Issues
- The Chronology of facts found and some evidence
- The Panel’s Judgment
- The Grounds of Appeal – Dr Foy
- GMC submissions on Grounds 1 and 2 (i), (ii), (v) – credibility of Ms A
- Ground 2(iv), no evidence at all
- Ground 2 (vi), inadequate or absent reasons
- Serious procedural irregularities
- The GMC appeal relating to finding of fact
- The Law
- The Appeal procedure and the test
- Analysis of each of Dr Foy’s Grounds
- The GMC appeal
- Sanction
- The Issues
- Conclusions
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