Struck-off Stourbridge nurse fails to save his career

A Stourbridge nurse who was struck off after he tried to throttle his girlfriend in a fit of rage has failed in a High Court bid to save his career.

James Kearsey was convicted by magistrates of assault by beating over a July 2013 incident in which he clamped his hand round his ex's throat.

She told police Kearsey saw red after checking though her phone, accusing her of cheating on him and interrogating her for an hour. When she tried to leave, the veteran nurse "grabbed her around the neck, squeezing really hard and choking her", she claimed.

Kearsey, of Stourbridge, was sentenced to a community order and hit with a five-year restraining order to protect his ex. He later tried to cover up the attack, failing to tell his bosses at Dudley's Russells Hall Hospital and giving a false account when he was quizzed. Last November, following a disciplinary hearing, a Nursing and Midwifery Council panel struck him off for "misconduct".

The panel found he had failed to report his conviction to his employer and later gave "an inaccurate account of the facts".

Kearsey's case reached the High Court as his legal team battled to overturn the striking-off order. His barrister, Gemma Hobcraft, claimed evidence of his original interview by his bosses should not have gone before the disciplinary panel. Mr Kearsey had not even signed the document and there were concerns about his mental state at the time.

But Mr Justice Ouseley, rejecting his appeal, said there was no evidence that Kearsey "lacked the mental capacity to know that what he said was false".

Earlier this year, Kearsey - who for a time worked at Stourbridge's Esteem Cosmetic Clinic as a freelance nurse prescriber - became the subject of a BBC investigation into the illegal Botox trade. The prescription-only drug can only be prescribed by a doctor, dentist or nurse in a specific patient's name.

But the Inside Out (West Midlands) programme featured an expose alleging Kearsey, who was advertising on Facebook page Estetica Cosmetics, offered a BBC reporter Botox injections at his home clinic.

A spokesman for the Nursing and Midwifery Council said of Kearsey's appeal: “We are pleased the High Court has upheld the striking off order. James Kearsey should not be claiming to be a registered nurse or undertaking any activity that would require him to be on the professional register, including prescribing medicines. To do so is a criminal offence.”


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