A General Optical Council fitness to practise panel has turned down an interim order for suspension made by the Council in the case of an unnamed student optometrist who was convicted of causing actual bodily harm.
The panel was made aware that the student was told to pay £75 in compensation to the victim and ordered to do 150 hours of unpaid work when they appeared before Harrogate Magistrates Court on March 5 2009.
The violent incident, which was captured on CCTV cameras, happened during the early hours of December 27 2008 and it involved the registrant assaulting the victim who was on the ground.
The committee was also told that the registrant pleaded guilty during an interview on January 4 2009, prior to the court hearing.
In its ruling, the committee said that it had taken into account that the registrant is at the start of their second year of training, so during their professional activities the registrant would 'almost certainly' be acting under supervision. It also acknowledged that the registrant was of good character, apart from this incident when their self control was under the influence of alcohol.
The ruling added: 'Having regard to these factors and to proportionality the committee does not consider that the threshold for making an interim suspension order has been reached on the grounds of public protection.
'The committee regards the incident itself as one which has serious potential implications for the registrant's fitness to train and eventually practise as an optometrist. This will be considered at the full hearing of this matter when further evidence has been heard.'