IN THE HIGH COURT OF JUSTICE, QUEEN'S BENCH DIVISION

STATEMENT IN OPEN COURT

Counsel for the Claimant

My Lord, in these actions for libel I appear on behalf of the claimant, Mr. Joe Rahamim.  The Defendants in the first action are Channel 4 Television Corporation and the freelance producer and journalist Duncan Campbell.  The Defendant in the second action is ITN Limited which produces Channel 4 News. 

Mr. Rahamim is a distinguished Consultant Thoracic Surgeon based at the Derriford Hospital in Plymouth.  He has a recognised expertise in oesophageal surgery and more than 10 years training and experience in general and thoracic surgery gained under several leading general and cardiothoracic surgeons.  Since his arrival at Plymouth as a Registrar in 1979 he has carried out well over 10,000 operations.  On many occasions he has been paid the ultimate compliment of being asked to treat and operate on fellow doctors and members of  their families.  These include one of the eminent Consultant Thoracic Surgeons under whom Mr. Rahamim trained, who regards him as “the best surgeon for this procedure in the country”.

Until 1992 Mr. Rahamim was a Locum Consultant running the Thoracic Surgical Unit at the Derriford which served the whole of Devon and part of Cornwall.

In 1992 Mr. Rahamim successfully applied for his present post as a Consultant.  The Appointments Committee - consisting of 9 senior doctors - and the Regional Health Authority which fully endorsed the appointment, were aware of the fact that the was not a Fellow of the Royal College of Surgeons (FRCS) and had not trained in accredited posts.  The fact that he was accorded this status was a recognition of his dedication to his patients, his proven surgical skills and the very high regard in which he was held by his peers.

In July 1998 channel 4 broadcast a major news report on the 7o’clock news which Mr. Rahamim has always maintained was grossly defamatory of him and amounted to an unwarranted attack upon his professional and personal reputation.  The report was produced by Duncan Campbell, presented by Tanya Sillem and introduced by Jon Snow.  Channel 4 and Mr. Campbell made the following allegations against Mr. Rahamim:

1.     First that Mr. Rahamim was probably responsible for the death or serious injury of many of his patients including two who had died during their operations.

2.     Secondly that Mr Rahamim was not competent to practice as a consultant thoracic surgeon and that he was seriously under qualified and inadequately trained.

3.     Thirdly that he had fraudulently obtained his post as a Consultant by misrepresenting his qualifications and employment history.

4.     Fourthly that Mr. Rahamim had dishonestly sent out letters to local GP’s in which he had falsely described himself as an FRCS

5.     Fifthly that he had dishonestly concealed from his employers the fact that as a result of injuries sustained in a road accident he was unable to operate safely and

6.     Lastly that by reason of these matters the GMC ought to have Mr. Rahamim struck off.

These allegations are wholly without foundation.

At no stage during this action have either Channel 4 or Duncan Campbell sought to dispute the Mr. Rahamim is fully competent to practice as a surgeon.  In fact he is rightly regarded by his professional colleagues as an outstanding thoracic surgeon in whom they place the utmost trust.  Furthermore, no one was misled over his qualifications and training and there is no doubt that he is honest and a man of integrity.

As a result of this broadcast Mr. Rahamim was subjected to a thorough investigation both by the Plymouth NHS Trust and a Government appointed independent enquiry which confirmed that there was no reason to question his fitness to practice as a Consultant Thoracic Surgeon.

Shortly after the Channel 4 broadcast ITN published these same allegations on their news archive website under the heading “Bogus Doctor”.  Regrettably the allegations resurfaced in a programme entitled “Great Frauds” which was broadcast overseas where it was seen by relatives and friends of Mr. Rahamim.  They were also distributed in this country in the form of a video and DVD, all of which greatly compounded his distress.

Mr. Rahamim and his family have been devastated by all of this.  He has continued to dedicate himself to the care of his patients whilst fighting to clear his name.  Channel 4 and Duncan Campbell have agreed to pay him damages of £100,000 and ITN have agreed to pay him damages of £75,000.  The Defendants have also agreed to pay him his costs, and to broadcast a retraction and apology on Channel 4 News.  They have also undertaken to this Court not to repeat the allegations.

On that basis Mr. Rahamim is content to bring these proceedings to a close.

  It only remains for me to ask for permission to withdraw the record.