Nursing and Midwifery Council v Bemamaisia [2012] EWHC 1556 (Admin)

Case No CO/4607/2012[2012] EWHC 1556 (Admin)
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Venue Royal Courts of JusticeDate Thursday, 17 May 2012
Strand
London WC2A 2LL
B e f o r e:
MR JUSTICE OWEN
Between
NURSING AND MIDWIFERY COUNCILApplicantv
Between
BEMAMAISIARespondent
Computer-Aided Transcript of the Stenograph Notes ofWordWave International LimitedA Merrill Communications Company165 Fleet Street London EC4A 2DYTel No: 020 7404 1400 Fax No: 020 7404 1424(Official Shorthand Writers to the Court)
Mr B Dooley (instructed by the Nursing and Midwifery Council) appeared for Applicant for The Respondent did not attend and was not represented
J U D G M E N T
[1]MR JUSTICE OWEN: This is an application by the Nursing and Midwifery Council for an extension to an interim suspension order made by a panel of the Council's Practice Committee on 26 November 2010 to suspend practise on the defendant's registration for 18 months. It was then renewed by the Committee on 15 August 2011, 10 November 2011 and 3 February 2012. The Council now seeks an extension for a further period of 8 months from 25 May, which would take it to January 2013.[2]The application is supported by two witness statements from Genevieve Anarlow (As heard), the case officer in the Fitness to Practise Directorate. The second and supplementary statement explains in detail the problems that have been experienced in securing the attendance of a critical witness when the case was listed for hearing on 4 January 2012. But there have been other and very considerable delays in the investigation of this matter, something that I am bound to say causes me great concern.[3]The incidents with which the committee will in due course be involved took place as long ago as 2007 and 2008. But in any event, the case was adjourned by the Conduct Committee on 4 January. I have seen a transcript of the hearing, and I note the concluding observations of the chairman that:
"I have considered the serious nature of the charges (Inaudible) in all the circumstances the NMC should be given an adjournment in order to bring all their witnesses before a panel. I will allow this application today to ensure that they have that opportunity."
[4]The case has been relisted for 13 and 14 August. The Council is now well aware of possible problems in securing the attendance of this witness and can take the necessary steps well in advance. An extension of 8 months is sought. In my judgment, that is simply not acceptable given the unhappy history of this matter. The case has gone on for quite long enough. I am therefore going to grant an extension of 4 months, which will take it to 25 September 2012. Mr Dooley, that is the date that I shall insert into the draft order that you have provided for me.[5]MR DOOLEY: My Lord, I am very grateful.[6]MR JUSTICE OWEN: I should add that the Council must be alive to the fact that it is highly unlikely that any further extension would be granted.[7]MR DOOLEY: I am grateful, my Lord.[8]MR JUSTICE OWEN: Thank you, Mr Dooley. You have discharged what could have been a difficult exercise with great tact.