Doctor 'not on trial' as patient inquests resume

Frank Moss, 59, Harry Gittins, 74, and Stanley Weldon, 74, were all patients of Howard Martin who was cleared of murdering them with overdoses of morphine after a trial at Teesside Crown Court in December 2005.

They had been his patients when he was a partner at the Jubilee Medical Group, which had surgeries in Newton Aycliffe, Shildon and Eldon, all in County Durham.

Reopening all three inquests at Chester-le-Street Magistrates Court yesterday, County Durham Coroner Andrew Tweddle said: "It's inevitable given the history of this matter that Dr Martin's name will come up many, many times.

"I should make it absolutely clear that Dr Martin is not on trial in any shape, way or form at all. He just happens to play a part in the story."

In the light of the court verdicts, Mr Tweddle had previously decided not to hold an inquiry into the deaths, ruling a thorough investigation had already taken place and he could not force the family doctor, aged 75, who now lives in Penmaenmawr, Gwynedd, North Wales, to give evidence.

But in November 2008, a High Court judge overruled his decision and ordered an inquest into the death of cancer patient Frank Moss

following a legal challenge by his daughter, Allison.

Yesterday Mr Tweddle said the outcome of the inquest could not be "contradictory" of the criminal trial.

Forensic pathologist Mark Egan told the hearing he found each of the men had significant levels of morphine in their bodies when he carried out post-mortem examinations after they had been exhumed.

Turning first to retired miner Mr Weldon, who died at a nursing home in Newton Aycliffe in 2003, Dr Egan said toxicology tests showed there was a "potentially fatal level" of morphine in his body but because of the "guarded way" the toxicologist expressed his findings he recorded the cause of a death as "unascertained".

Dr Egan said he did this also because he was unable to confirm any

other conclusion due to the condition of the body.

Mr Moss also died in 2003 at his home in Eldon, County Durham. The pathologist said his examinations revealed a lung cancer and "potentially fatal levels of morphine" in his body. The cancer was advanced enough for Mr Moss to have died from it at that time.

But he added: "I think the morphine accelerated death."

Mr Gittins died in January 2004. He had cancer of the gullet and very high levels of morphine.The pensioner would eventually have died of his cancer but Dr Egan told the hearing: "He would not have died at the time he did if it were not for the morphine."

He added: "I think Mr Gittins had some time left."

Spelling out the differences, in his opinion, between his conclusions in the cases of Mr Moss and Mr Gittins, Dr Egan said: "Mr Moss had a very aggressive cancer that had spread to other organs. Mr Gittins had a locally advanced cancer."

The inquest, which is due to last about a month, will resume today.