Doctor to practise despite rape case

QUEENSLAND'S Medical Board has ruled that a surgeon convicted of rape, who was employed in the state's public hospital system, can continue to practise.

QUEENSLAND'S Medical Board has ruled that a surgeon convicted of rape, who was employed in the state's public hospital system, can continue to practise.

But Health Minister Stephen Robertson's office said yesterday that Eugene Sherry, 53, whose conviction and jailing went undetected by the Medical Board, would not be invited back to the public system.

The board's finding that Dr Sherry's conviction in the US in the 1980s for rape should not bar him from treating patients means the orthopedic surgeon could exercise his legal rights to return to a job at Rockhampton Base Hospital or elsewhere.

But a spokesman for Mr Robertson said: "Dr Sherry is not going to work for us. He's gone. We have decided that he will not work for us any more. An employer can still decide not to employ him."

The firm line is at odds with Queensland Health, which has been embarrassed by scandals involving incompetent doctors, and even complete imposters who had no medical training.

The Medical Board's failure to detect US disciplinary action and bans on surgeon Jayant Patel led to numerous patient deaths and plunged the Queensland health system into crisis for much of the past year.

Queensland Health confirmed late yesterday that although Dr Sherry no longer worked for the organisation, "the Medical Board of Queensland has found he had no case to answer".

"It's up to him whether he decides to seek employment with Queensland Health again," said a spokeswoman for the director-general, Uschi Schreiber.

"If he wants to apply for a job with Queensland Health, he will be considered in the same light as everyone else. Given the high level of publicity that Dr Sherry's case has received at a national level, his application for another position in QH would have to take into account all the information now available."

Queensland Health was trying to set up effective criminal-record-checking arrangements and work out criminal-record thresholds by the end of the year.

The revelation by Premier Peter Beattie on the eve of calling the state election that Dr Sherry had been convicted of rape led to a pledge to strengthen the Medical Board, with a police officer to ensure that a thorough check of each candidate's credentials was carried out and a search made of any criminal history.

The pledge followed the board's controversial reregistration earlier this year of a pethidine-addicted doctor, who was also convicted of rape.

But the board, which initially asked Dr Sherry to show cause why he should not be deregistered for his failure in 2004 to disclose his criminal conviction, has concluded the surgeon would be welcome in Queensland.

"In the eyes of the law, Dr Sherry has been fully rehabilitated of a criminal conviction in the United States 25 years ago after serving six months in prison," board president Mary Cohn said.

"After considering expert legal advice, the unanimous decision of the board's consumer, legal and medical members was there was no lawful ability to refuse previous applications, cancel existing registration or refuse future applications by Dr Eugene Sherry to practise medicine in Queensland.

"He has practised in NSW with an unblemished criminal history since 1983 and is recognised nationally as holding general and specialist medical qualifications that meet Australian standards."

It is understood that Dr Sherry, whose clinical performance resulted in a series of conditions late last year being slapped on his registration, has no wish to return to Rockhampton Base Hospital.

He has been notified by the board of its decision.