Expert based claims on TV show

A senior paediatrician claimed solicitor Sally Clark's husband - not she - had murdered their two baby sons after seeing him interviewed on TV, the General Medical Council heard today.

After watching the Channel 4 Dispatches documentary, Professor David Southall contacted police with his theory that Steve Clark had suffocated 11-weekold Christopher and eight-week-old Harry, the GMC was told.

Mrs Clark, 39, was serving life in prison for the deaths at the time of the broadcast in April 2000. She was released after the Court of Appeal quashed her conviction in January last year. Professor Southall now faces charges of serious professional misconduct.

Richard Tyson, for the GMC and Mr Clark, said: "This case is about Professor Southall's dogmatic belief in his own expertise which he brought to bear on a case in which he had no professional involvement, but in which he intervened in a high-handed fashion largely on the basis of watching a programme on TV."

In the documentary Mr Clark described a nosebleed suffered by Christopher in a London hotel 10 days before he died. Mr Tyson said Professor Southall "formed a theory which was that Steve Clark had deliberately suffocated Christopher a few days before his eventual death. As a result it was clear to Professor Southall that Steve Clark had gone on to murder both his sons by suffocating them."

Mr Tyson said Professor Southall went further and stated that it was beyond reasonable doubt that Mr Clark had committed the murders.

The professor admits watching the programme and contacting the senior detective at Cheshire police who led the investigation into the boys' deaths. He also admits forming the view that Mr Clark had deliberately suffocated Christopher, was implicated in the deaths of both boys, and that he was concerned about the safety of the Clarks' third child in Mr Clark's care.

In August 2000 Professor Southall produced a report on the Clark family, but admits he had not had access to case papers including medical and postmortem records, and had not interviewed either Steve or Sally Clark.

His report said it was extremely likely, if not certain, that Mr Clark, a lawyer, had suffocated Christopher in the hotel room. Professor Southall declared the contents of the report were true and could be used in a court of law, but did not explain that its conclusions were based on very limited information about the case.

He admits when he was given the chance to state that his report's conclusions were based on limited information he declined, saying that even without all the evidence being made available to him, it was likely beyond reasonable doubt that Mr Clark was responsible for the babies' deaths.

The professor admits he was not connected with the case and that at the time of making the allegations he had been suspended from duties by his employers, the North Staffordshire Hospital NHS Trust. He agrees he knew he should not have undertaken new outside child protection work while suspended without

the prior permission of the acting medical director of the trust. But he denies his behaviour was irresponsible or an abuse of his professional position, and he denies serious professional misconduct.

After his allegations to police, Mr Clark was interviewed by social workers and the courts appointed another paediatrician to review Professor Southall's claims. The second paediatrician did not agree with Professor Southall and the matter went no further.

The hearing continues.