21 Dec 2022
An RCVS committee concluded a suspension was necessary despite allegations the process was flawed.
Allister Webb
Job Title
An Aberdeenshire-based vet has been suspended from practice for six months over his handling of paperwork relating to cattle that were due for transportation or slaughter.
A lawyer acting for James Dean Gracey had claimed the RCVS disciplinary hearing against him was “an abuse of process”, which itself followed a flawed investigation.
But the committee said it was satisfied his conduct “would be considered deplorable by other members of the profession”.
Five charges against Mr Gracey were found to be proved following a reconvened hearing in early December.
Three further counts were found not proven, while another was withdrawn by the college.
Three of the proven counts related to paperwork he had signed in 2016 and 2017 relating to cows owned by his father, where he did not declare a conflict of interest.
In one of those cases, he signed an emergency slaughter form for a cow without either declaring the conflict of interest or stating that he had administered treatment to the animal in the days before completing it.
The other proven counts related to Mr Gracey’s signing of a food chain information form in July 2019 which stated a cow was fit for travel when it wasn’t, and the potential for his conduct to undermine both public health and animal welfare.
Mr Gracey’s legal representative claimed the case against him amounted to an abuse of process because of delays in bringing it to a committee, procedural flaws in the investigation and the reliance on evidence given by an individual who themselves had been convicted of a criminal offence.
The committee did exclude the evidence of that witness following those representations, but also found Mr Gracey’s conduct had been dishonest and misleading in relation to the slaughter form.
But its chairperson, Hazel Bentall, said: “There is a public interest in being able to trust the profession to uphold high standards of probity because veterinary surgeons are trusted to play an important role in the promotion of animal health and welfare, and associated human health.
“The committee is satisfied that such conduct, when taken together, would be considered deplorable by other members of the profession.”
Thirteen witnesses gave character references to the committee on Mr Gracey’s behalf and the panel was told he had instigated new arrangements for certification in relation to his father’s animals.
Dr Bentall said a six-month suspension was the minimum necessary to uphold professional standards or act as a deterrent to others.
She added: “The committee was satisfied that the respondent had shown sufficient insight and efforts to remediate his misconduct, and it concluded that at the end of this period of suspension, he would not pose a further risk to animal welfare or public health.
“The committee considered that the respondent was a valued veterinary surgeon with extensive farm animal experience and a more severe sanction, such as removal from the RCVS register, would not properly reflect the committee’s findings and would not take account of the respondent’s mitigation.”
