Dr David Kirwan apologises to Dr Elie Khoury, ending a defamation battle

A bitter defamation battle between two rival Melbourne surgeons has ended after one doctor “sincerely” apologised for labelling the other a “random serial killer”.

Dr Elie Khoury was in a legal spat with Dr David Kirwan.

A bitter defamation battle between two feuding orthopaedic surgeons has come to an end after one doctor said sorry for labelling the other a “random serial killer”.

Dr David Kirwan said he “sincerely apologises” to fellow hip and knee specialists Dr Elie Khoury for suggesting he was responsible for multiple patient deaths in the Border region.

Dr Khoury said he was grateful to finally be “vindicated” and hoped no one else should ever have to face what he went through.

The public apology, read in court by his barrister Sue Chrysanthou SC on Thursday, comes as part of a settlement agreement between the parties, just weeks before the Supreme Court trial was due to begin.

The Herald Sun revealed last year Dr Khoury had launched defamation proceedings against Dr Kirwan for allegedly mounting a “campaign of vilification” against him in which he claimed Dr Khoury was responsible for multiple patient deaths and labelled him a “random serial killer”.

The comments were allegedly made by Dr Kirwan in a series of emails and tearoom comments and poisoned the medical community of Albury-Wodonga where both men worked.

Dr Kirwan had initially defended the claims, arguing they were either the truth or based on the “honest opinion” he held at the time.

Dr David Kirwan says he ‘sincerely apologises’ for the comment.

The parties, however, reached a confidential settlement agreement last week.

“I am grateful that our family can move on after finally being vindicated by this apology,” Dr Khoury said following the hearing.

“I hope that none of my colleagues ever have to endure anything such as this in the future,”

“What I went through should never happen,” he said.

Dr Kirwan withdrew “unreservedly” any such imputation that Dr Khoury had killed or harmed some of his patients deliberately or recklessly.

“If you or anyone else understood my statements in that way, I retract the statements and sincerely apologise to you and your family for the professional and personal damage that such an imputation would have undoubtedly caused.”

Dr Kirwan also publicly acknowledged there were no restrictions on Dr Khoury’s medical licence.

But the court battle isn’t over just yet – with Dr Khoury to learn what penalty he faces on Friday after he was found in contempt of court earlier this year.

Dr Khoury was found guilty of contempt in June after disclosing confidential material as part of the defamation stoush.

The court found the Melbourne father had instructed his partner to forward confidential emails authored by a third orthopaedic surgeon — Dr Jeremy Kolt — to the head of a private hospital in Albury.

Albury Wodonga Private Hospital then used the contents of those emails in an attempt to sack Dr Kolt in July last year.

Justice John Dixon will deliver his ruling on punishment on Friday.