A PAEDIATRICIAN who wrongly accused the husband of Sally Clark of killing the couple’s two sons will not be struck off.

David Southall, 57, made his allegations against Stephen Clark after watching a Channel 4 Dispatches documentary about the case in 2000. Mr Clark’s wife was convicted of murdering their children, Christopher and Harry, but the Court of Appeal threw out the verdict in 2004 after ruling that the conviction was unsafe.

A High Court judge ruled yesterday that Professor Southall did not deserve to be struck off the medical register, but he added that his punishment had been unduly lenient and he called for the conditions to be tightened.

The professional conduct committee of the General Medical Council (GMC) barred Professor Southall from child- protection work for three years last August, but the Council for Healthcare Regulatory Excellence appealed to the High Court, arguing that the penalty was “manifestly inadequate”. Lawyers for the GMC and Professor Southall, who works at North Staffordshire Hospital, said that striking him off would be disproportionate and draconian and could demoralise other child protection experts.

The case arose after Mrs Clark was given a double life sentence at Chester Crown Court in November 1999. She was convicted of smothering 11-week-old Christopher in December 1996 and shaking eight-week-old Harry to death in January 1998.

Professor Southall made a report to police on Mr Clark after watching a television documentary about the couple. The paediatrician had not seen medical records or post- mortem examination reports.

Monica Carss-Frisk, QC, for the healthcare council, said: “This is a case where Professor Southall has entirely failed to recognise in any way that what he did was wrong. He has at no time offered any apology or shown any insight, remorse or contrition.”

Kieran Coonan, QC, for Professor Southall, said that the chance of him or any other doctor offending in a similar way in future was vanishingly small and that there was no need for a deterrent penalty.

Mr Justice Collins said that Professor Southall’s conduct should be kept under review.

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