An NHS doctor who emailed obscene pictures of a married man to his wife and family as “revenge” has escaped being expelled from the field.
In a “calculated” campaign against his victim, Dr. Jonathan Darby, 62, sent his wife material obtained by a private investigator as well as sexually explicit pictures of her husband over WhatsApp.
Even sending sexual photos to the man’s children was organized by the longtime family doctor, the tribunal heard.
In October 2021, Kidderminster Magistrates’ Court found him guilty of revenge porn, sentenced him to 26 weeks in jail with a 12-month suspension, and issued a two-year restraining order against four people.
Following a misconduct hearing at the Medical Practitioners Tribunal last month, his medical license was suspended for a period of six months. At the conclusion of the previous week, the verdict was released.
Additionally, Dr. Darby, who resigned in August of this year, served as a script adviser for the well-known BBC daytime program “Doctors.”
In a 2015 interview with BBC Inside Out, Dr. Darby praised the “wonderful” position and said he was in charge of making sure the medical program was truthful and real.
The tribunal heard that Dr. Darby, who received his medical degree in 1984 and began working as a GP Partner at the Halesowen Medical Practice in West Mids, close to Birmingham, in 1989, had an impeccable career.
Dr. Darby’s victim, identified only as “Mr. A,” came forward to the police in May 2020 and accused the physician of sending his family letters, texts, and emails with explicit images of him.
At his trial, Dr. Darby maintained his connection with Mr. A a secret, but it was heard that the offense pertained to his private life.
There was “clear proof,” according to a tribunal assessment, that Dr. Darby meant to upset Mr. A by emailing his family pornographic images.
According to the investigation, “Dr. Darby subsequently found and duplicated the sexual images of Mr. A after having previously provided evidence acquired by a private investigator to Mr. A’s family via mail.”
He WhatsApped them to Mr. A’s wife. According to the investigation, he also made arrangements for the photographs to be sent to Mr. A’s adult children.
The panel believed that these activities were premeditated and meant to cause anguish.
He pleaded guilty to publishing illicit sexual images without permission, often known as revenge porn, and was found guilty in a magistrates court.
At the Medical Practitioners Tribunal, Dr. Darby then had to appear for a misconduct hearing.
The panel determined that Dr. Darby’s actions from March to May of 2020 were “not so heinous” as to require the suspension of his license to practice, nonetheless. As an alternative, he got away with a six-month ban.
Dr. Darby’s removal from the medical register, according to MPTS panel chair Jayne Wheat, would be too severe.
According to Mrs. Wheat, the tribunal believed that deletion would be excessive in the unique circumstances of this case given Dr. Darby’s evolving awareness and the other mitigating considerations.
“The tribunal was convinced that the conduct that led to his conviction was not so heinous as to justify depriving the public of a clinically competent doctor in the long run,” it said.
“Although his understanding of the events leading to his conviction is not yet full, the tribunal was persuaded that Dr. Darby would not behave in the same manner if a scenario like happened in the future.
It was believed that his reflection shows that he is surprised by his actions and that his sorrow is sincere.
Dr. Darby did not contest the fact that his “actions were intended to exact retribution.”
“I cannot even begin to convey how deeply I regret this and the apparent effect this has on the larger profession of physicians,” he said in front of the Kidderminster Magistrates’ Court.
It would be an understatement to say that the events of the previous several years have provided valuable lessons; if I could reverse what I did, I would definitely do it.
I can now clearly see that my actions were very ill-advised and that I let my own personal predicament to cloud my better judgment.
Clearly, being able to distinguish between one’s personal and professional lives is important for doctors.
“In this case, I failed to act professionally as I would have expected of myself, and this has a larger consequence in terms of my position as a doctor,” I said.
Since then, I have sincerely regretted doing this. I sincerely apologize to everyone concerned in this situation. This extends not just to Mr. A’s family but also to my regulator.
“I am ashamed that the GMC has now invested time in looking into and putting this case together, and further that the subject is now going before the [MPTS tribunal],” the speaker said.
Additionally, the court was informed that Dr. Darby was dealing with “emotionally demanding situations” that were “very personal” and concerned his own family, and that his “heightened emotions distorted his judgment.”
According to the tribunal report, “Dr. Darby informed the tribunal that he found it difficult to refer to Mr. A in these proceedings.”
He said that he was having a difficult time and that his emotions at the time of the occurrences were complicated.
Dr. Darby argued throughout his first police interview that he was the “victim.”
Later, he expressed regret to Mr. A and his family, saying he had “reflected a lot” and would take a “course on professional limits.”