Optometrist Brian Kelly who was disqualified in 2007 from practising with the NHS after defrauding the service of some £30,000 has failed at an appeal to reverse the decision.
In this third appeal by Kelly against Shetland Health Board, the Court of Session heard that he had repaid £12,460 but a balance of £16,938.30 remained from the fees claimed between April 1995 and December 1999 at his former practice, Kelly's Opticians in Shetland.
In the December 28 2012 appeal against unconditional disqualification, judge Lord Carloway ruled in favour of the health service. Among the 'findings in fact' relating to an earlier December 2011 tribunal, which were not challenged at the latest appeal, were that Kelly had practised as an optometrist in a health board area while knowing he was not entitled to, and had failed to comply with provisions in relation to GOS introduced in April 2006.
He had also knowingly submitted inaccurate and misleading information when applying for inclusion on the ophthalmic list for at least two health boards and indicated to optometrists, practice managers or owners that he was eligible to work in their practice as a locum when he knew or ought to have known that he was not eligible.
Lord Carloway, in refusing the appeal, said the court was unable to classify the tribunal's disposal as excessive, stating: 'The tribunal, as a specialist body, is uniquely placed to determine the issue of disposal in the case of a significant fraud by someone in the appellant's former position. Disqualification for such a fraud cannot be viewed as in any way unreasonable. The appeal is accordingly refused.'