Doctor on theft charges

Press, 11 October 1985, Page 7

Doctor on theft charges

A Christchurch doctor stole controlled drugs from a man who was dying of cancer and a brain tumour, and obtained others by false pretence, the District Court was told yesterday. The doctor, represented by Mr K. N. Hampton, was granted interim suppression of name by Judge Pain. In making the application, Mr Hampton said the doctor had three children, two at university and one at primary school. He was concerned at the effects the publication of his client’s name could have on the children. No suspicion could be cast on other doctors because his client had been suspended by the Medical Council and was no longer able to practice. Judge Pain said he would review the supression order at the completion of the preliminary hearing. The defendant faces 18 charges of theft and five charges of false pretence. He elected trial by jury on all charges.

Appearing for the Crown, Mr S. G. Erber said the doctor had been the general practitioner for Mr Owen Cameron Smart, aged 60, who was suffering from lung cancer and a brain tumour.

Mr Erber said members of the family became concerned at the apparent disappearance of drugs from the house. They began to make careful note of the type and amounts of the various drugs both before and after visits by the doctor. They also noted what was administered to Mr Smart.

Family members were able to identify drugs by their size, shape, and imprints, said Mr Erber. The stocktaking of drugs showed a discrepency between what was in the house before and after visits by the doctor, taking into account what had been administered to Mr Smart. Russel Owen Smart told the Court that his father had suffered from terminal cancer and a brain tumour from January, 1985. He died in August this year. From June 6 he kept notes of the amounts of drugs in the house. He later also kept a diary of what had happened during visits by the doctor. When notes began to be made on the amount of drugs, 18 tablets of methadone were kept in the house.

Mr Smart said he later suspected these to be maxalon. They were a different size and had a different imprint than other methadone tablets. They were given to his father when he had complained of a headache but did not work. Mr Smart said that ampoules of diazepam (valium) and morphine were often missing after visits by the doctor. Stemitil tablets also went missing on one occasion.

He said that on occasions, the doctor would pretend to draw morphine from an empty ampoule into the syringe. Mr Smart said he sometimes found empty morphine ampoules by his father’s bed after visits by the doctor, although he did not think morphine was administered to his father. Some ampoules appeared old and one had dirt in it.

Evidence about a visit by the doctor on June 16 was suppressed after an objection by Mr Hampton. He said his client did not face charges relating to that date and any evidence would not be relevant. Mr Erber said he considered evidence of the doctor’s behaviour on June 16 to be relevant to the case.

Judge Pain allowed the evidence to be given but noted Mr Hampton’s objection and suppressed its publication. Mr Smart said that on June 22 his father was visited by another doctor. When the defendant arrived later in the day he asked what the other doctor had done.

The doctor said he was more experienced in these matters and if the injections were stopped, Mr Smart’s father would “go down hill fast.”

Mr Smart said the doctor was “under the influence of something.” His voice was slurred, his eyes were halfclosed and he was knocking over objects.

He told Mr Smart he would have to add morphine to the syringe or his father would get withdrawal symptoms.

Mr Smart said the doctor then pretended to draw morphine into the syringe. The doctor then asked if his patient had had any headaches. When he was told he had, the doctor got what he said was a new type of methadone tablet. He gave one to the patient and took one himself “to see

how good they are.” . Mr Smart told the Court he asked his father what they tasted like. The doctor then offered him one but he declined. “He then said you can get $l5 each for these from the junkies in the Square if you want to make some money,” said Mr Smart. He said he told the doctor on June 29 that his father did not want any more injections. “He walked up to the bedroom to the dressing table. He opened the morphine packet and put the last ampoule in his pocket. “He then asked where the 10 other ampoules of morphine were that were in our possession,” said Mr Smart. He told the Court that the ampoules had been hidden but he had told the defendant another doctor had taken them away for safekeeping. Under cross-examination by Mr Hampton, Mr Smart said that he never mentioned his suspicions to the doctor. The hearing will continue today.