Wed, 25 Aug 2021
Kawsar Zaman has successfully defended an Osteopath, on all allegations, before the General Osteopathic Council’s (GOsC) Professional Conduct Committee.
The 6-day hearing concerned allegations of a sexual nature against the Registrant that were alleged to have occurred during an appointment, contrary to section 20(1)(a) of the Osteopaths Act 1993. Through a two-day forensic cross-examination of the Complainant, Kawsar was able to establish that the GOsC, in its’ investigation of the allegation, failed to ask basic questions including whether the Complainant had taken a contemporaneous note of the appointment at which the sexual allegation was said to have taken place. The Complainant revealed in oral evidence that such notes did exist, and after a successful application for disclosure, uncovered that they omitted any of the detail now complained of – casting doubt on the reliability or her account. Indeed, the Committee’s Decision noted the difference to be “stark” and found that she “was not as reliable as the GOsC portrayed” whilst the Registrant was both “credible and honest”.
The Committee ultimately found the substantive sexual allegation against the Registrant to be unproven, and further, that it was not proven by the Council that his conduct was: (i) inappropriate; (ii) not clinically justified; (iii) a transgression of professional and/or sexual boundaries; and (iv) sexually motivated.
Following the acquittal, the Registrant said: “I am incredibly pleased to have had all allegations against me unproven. I want to thank Kawsar Zaman for the excellent way in which he represented me at the hearing, his cross-examination of the Complainant, and his powerful closing speech. I have my life and livelihood back again”.
The Council was represented by Ms Nimi Bruce, Partner at Capsticks LLP and the Committee was aided by Independent Legal Assessor, Mr Jon Whitfield QC of Doughty Street Chambers.
Kawsar was instructed by Stuart Sutton of Sutton Defence Lawyers.
Kawsar is regularly instructed to defend clients, at all stages, of professional discipline cases, and has represented doctors, nurses and osteopaths, amongst others.