86. The Trust revealed that the panel would comprise Dr Studd, Mrs Scholefield (Director of Nursing and Quality) and Dr Roland Hopkinson (Medical Director, Heartlands Hospital, Birmingham). As Dr Hopkinson is also Chairman of the British Association of Medical Managers (BAMM), this presents a potential conflict of interest since one of the major protagonists against Dr Mattu, Dr Stephen Evans, is Vice-Chairman of BAMM.

87. The Trust has since put forward two further "independent" practitioners to be the third panel member, from the Queen Elizabeth and Sandwell Hospitals, both in Birmingham.

88. The appearance of unfairness, and lack of independence and impartiality of the proposed third panel member is readily appreciated on realising that Mr B Stoten (Chairman), Mr D Roberts (Chief Executive), Alice Casey (Head of Human Resources) and Dr M Harrison (Joint Medical Director & Investigating Officer) have between them worked extensively alongside their proposed practitioners.

89. These Trust Managers have held the posts of Chairman South Birmingham NHS Trust, Chairman Warwickshire Health Authority, Chairman West Midlands Regional Health Authority, Director of Public Health West Midlands, Regional Medical Officer West Midlands, Chief Executive Sandwell and West Birmingham NHS Trust, Chairman Birmingham Health Authority, Acting Chief Executive Sandwell and West Birmingham NHS Trust, Deputy Director of Human Resources Sandwell and West Birmingham NHS Trust and others.

90. Dr Mattu's solicitor recently protested again about further and continued breaches of procedure by the Trust, panel constitution and composition, refusal to permit Dr Mattu to complete an interview and provide his full evidence.

91. Dr Mattu's solicitor moved to apply for an injunction against the Trust.

92. The Trust reluctantly postponed the panel hearing for 13 December 2002, on the basis that Dr Mattu's representatives would not pursue the injunction. 

93. Dr Mattu's solicitors agreed not to pursue the injunction and the Trust advised that the panel decision would be postponed until 31 December 2002.

94. The Trust then appointed a senior manager from Sheffield, Professor Welsh, to whom Dr Mattu and his advisors have NEVER AGREED. 

95. It is important to note that Dr Mattu's solicitor was still awaiting information from the Trust solicitors about Professor Welsh, in order to consider agreement to the panel, when the Trust proceeded with a panel meeting on 30th January 2003. The Trust solicitors in fact wrote to Dr Mattu's solicitors on 31st January 2003, only after the panel had already met, to claim that Professor Welsh was not known to any of the Trust's Senior Managers and that he was independent. 

96. The Trust failed to declare that the husband of Hilary Scholefield, the Trust Board Manager on the panel, had been trained at the Sheffield Hospitals for about 10 years and was an understudy to Professor Welsh.

On behalf of Dr Raj Mattu Reinstatement Committee, 

PO Box 2912, Coventry. CV1 3YX 

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