Opening the case for Prof Prendiville yesterday, Nicholas Butler SC said the council's attitude towards the obstetricians changed, after the publication in early 2006 of a report by Ms Justice Maureen Harding Clark into the obstetric practice of Dr Neary at the Lourdes hospital.
Mr Butler said Prof Prendiville rejected the statement by Ms Justice Clark in her report to the effect that the 1998 report by him and Dr Stuart into Dr Neary's carrying out of Caesarean hysterectomies was prepared out of "compassion and collegiality" towards Dr Neary. Prof Prendiville also rejected Ms Justice's Clark's statement that he had expressed regret about his report.
The obstetricians' reports were compiled under considerable time pressures and in circumstances where Dr Neary had none of the notoriety he later achieved, counsel said. They were also carried out at a time when the North Eastern Health Board had a reputation for poor industrial relations.
All three obstetricians had in their reports opposed a suspension of Dr Neary. However, Mr Butler said, it was wrong to say the report of Prof Prendiville and Dr Stuart did not propose conditions or qualifications in relation to Dr Neary's practice.
While Dr Neary was permitted to return to work, that return was very short-lived.
Prof Prendiville's report was prepared on the basis of an interview with Dr Neary and an examination of notes relating to nine patients. Prof Prendiville had had no reason to doubt Dr Neary's veracity and there was no issue about Dr Neary's skill.
This was intended as a preliminary report to a limited audience and all reports were an expression of opinion at a particular time.
The report had concluded that Dr Neary's rate of performance of Caesarean hysterectomies was not excessive given all the circumstances, including the lack of availability of female sterilisation at the Lourdes hospital. If female sterilisation had been available, it was believed the rate of hysterectomies would have been halved and the report recommended female sterilisation be available.
The case is expected to last for four days.