A previous subordinate state pathologist, Dr Khalid Jaber, has been reported to the Medical Council on the grounds of suspicion that his work may lead to incorrect convictions or dismissals of severe crimes, as per a recent inquiry. Dr Jaber held the position from 2009 until his resignation in 2013, reportedly due to conflicts with the chief state pathologist at the time, Prof Marie Cassidy.
Dr Jaber faces charges of three instances of professional malpractice and substandard professional performance, specifically related to autopsy reports and testimonials he delivered for two separate cases in the Central Criminal Court over ten years ago. In one case, the proceedings were abandoned, and in the second, a murder charge was retroactively overturned.
A complaint against Dr Jaber was submitted to the Medical Council in August 2015 by another previous subordinate state pathologist, Dr Michael Curtis. On the second day of the disciplinary hearing carried out last Thursday, Dr Curtis highlighted his concern for public safety due to the courtroom’s inability to rely on Dr Jaber’s testimony.
His fears were escalated if Dr Jaber was to serve as a witness in court proceedings in the future, whether in Ireland or internationally, since a lackluster or hazardous statement could significantly risk the outcome. Dr Curtis admitted to the anxiety stemming from the potential misjudging of critical criminal cases, especially considering that Dr Jaber is currently practicing in the Middle East.
He clarified his worries, stating that his concerns would magnify significantly in a region where capital punishment is still practised. Dr Jaber faces allegations of failing to provide pathological evidence to back up his findings on the cause of Francis Greene’s death, which he claimed to be asphyxiation in 2009.
Kevin Coughlan from Avondale Drive, Greystones, Limerick, initially convicted for the murder of Mr. Greene, had his sentence overturned by the Court of Appeal in June 2015. After a subsequent retrial, he was handed an eight-year stint behind bars for manslaughter.
Dr. Jaber stands accused of providing evidence during Michael Furlong’s trial for the 2011 killing of Patrick Connors in Enniscorthy, Co Wexford, suggesting that a blunt force trauma facilitated his demise, even though there was lack of pathological proof to support this viewpoint. Additionally, in this case, he allegedly dismissed the chances of hypothermia being a cause of death.
The trial was discontinued in 2013 after Prof Cassidy, the appointed State pathologist, submitted a letter to the Director of Public Prosecutions (DPP) elaborating her misgivings about Dr Jaber’s testimonies and stating that his autopsy report had not undergone peer review. Consequently, the High Court prohibited a retrial.
Testimony during the investigation revealed a strained relationship between Dr. Jaber and Prof Cassidy leading up to his resignation. Prof Cassidy claimed to have addressed the issue of peer review with Dr Jaber before stepping in Mr Furlong’s case, but Dr Jaber rebutted her, dismissing her as unqualified to review his work. She further related that Dr Jaber remained uncommunicative with her after she relayed her letter to the DPP.
While Dr Jaber did not attend the inquiry, his legal representative, Ronan Kennedy SC from the Medical Council, stated that Dr Jaber refuted the accusations lodged against him, going as far as to cast aspersions on the competency of his ex-colleagues.
The inquiry that was postponed on Thursday evening is set to be concluded on Friday.