A coroner has said he will use the full extent of his powers to make sure disgraced breast surgeon Ian Paterson attends inquests into the deaths of 62 of his patients.
Paterson declined to attend to give evidence on generic issues to a preparatory hearing on Thursday, leading to claims he was putting bereaved families “through hell” despite them having “already endured unimaginable pain and suffering”.
The 66-year-old, who is serving a 20-year custodial term after being convicted of multiple counts of wounding in 2017, was accused of attempting to delay the hearings after lodging an eve-of-hearing bid to have his witness summons revoked.
In his submission, lodged with the judge-led inquests at 11pm on Wednesday, his lawyer argued that health concerns, a lack of legal representation and “inadequate facilities to prepare” meant his witness summons should be withdrawn.
No lawyer attended Birmingham Coroner’s Court to support the letter, which was sent more than three weeks after a deadline set by coroner Richard Foster for any challenge to the summons.
In a ruling which puts back the first of the 62 inquests from next week until October 21, Judge Foster said: “The inquests will continue and we will continue to hear the generic issues as planned next week. I want to reassure the families of this.”
Judge Foster added: “Mr Paterson has declined the opportunity to give evidence on generic issues today.
“He and his legal team can concentrate on the individual inquests which will now be listed to start on October 21.
“It would obviously be beneficial to my investigation if Mr Paterson participated in full in these inquests. Whilst I am, at this stage, satisfied that I could proceed … without hearing from Mr Paterson, I am in no doubt that the quality of it (the inquest process) will be greatly enhanced and improved if Mr Paterson participates.
“There is considerable public interest in requiring evidence from him.
“I will do my utmost to use my powers to the fullest extent to ensure the attendance of Mr Paterson at these hearings.”
As well as moving the date of the first inquest, the coroner ruled that Paterson will not be required to give a generic statement at this stage, but will be “if necessary” at a later point.
The judge also ordered Paterson’s legal representatives to attend a hearing in person on October 17 to discuss his application to revoke the witness summons.
In his letter to the court, the lawyer acting for Paterson submitted: “There is no prospect of Mr Paterson’s legal representatives having adequate time and facilities to prepare for the hearings that are currently timetabled.”
The application was not intended to be in any way obstructive, the submission said, adding: “It has been noted before and bears repeating that Mr Paterson wants to participate in these inquests.
“In the circumstances that currently prevail, it would be unreasonable to ask Mr Paterson to comply with the Schedule 5 Notice (the witness summons).”
Commenting on Paterson’s decision to decline to attend via a remote link to the prison where he is being held, Linda Millband, head of group claims at Thompsons Solicitors, said his attempts to “evade” the hearings was distressing for bereaved families.
Ms Millband, who represents 14 of the affected families, said: “Whilst we wouldn’t normally comment during an inquest hearing, I would like to make clear how deeply disappointed my clients are by Paterson’s refusal to attend the inquests into the deaths of 62 of his patients.
“His absence is a disservice to the families who have already endured unimaginable pain and suffering following the deaths of their loved ones.
“These families deserve to know how their loved ones died and what were the causes.”
During oral submissions invited by the coroner, several family members urged the coroner to continue with the hearings as planned.
Stephen Baker, husband of Christine Baker, who died in 2015, addressed the coroner by videolink.
“They (the families) have been through hell in the past,” Mr Baker said. “Lots of the friends and families of the 62 are now receiving counselling. I think it’s unacceptable to put them through the increased stress of delaying the inquests.”
Paterson, who was living in Altrincham in Greater Manchester when he was tried and convicted, was employed by the Heart of England NHS Foundation Trust and practised in the private sector at Spire Parkway and Spire Little Aston.
He was appointed as a consultant at Solihull Hospital in 1998 and practised there until May 2011.
More than 560 patient deaths have been considered so far by a multi-disciplinary team of medical experts, leading to the opening of 62 inquests.
