Alex Mullen of QEB Hollis Whiteman appeared on behalf of the General Medical Council considering the case of Dr Mark Elias, convicted of outraging public decency.
The case before the doctor's regulator flowed from the conviction of Dr Elias in 2025 for outraging public decency. He pleaded guilty before the Magistrates' Court at Chester to the offence.
The doctor had, over the period of approximately one hour, engaged in overt sex acts with another person on a public train returning from Manchester in September of 2024. The conduct occurred in public areas of the train in view of other passengers. Train staff alerted the police who were able to obtain graphic CCTV footage of the incident.
Following his conviction Dr Elias received a suspended sentence of imprisonment.
Before the GMC, the doctor sought to argue that he had been spiked on the evening in question, leading to his disinhibition. He told the Tribunal that he recalled consuming a 'smoky substance' from a bottle in the toilets of a bar.
The Tribunal found that the doctor's evidence had been contradictory, and that as opposed to having been spiked he had simply consumed too much alcohol which likely led to the consumption of the substance. The Tribunal went on to agree with Alex's submissions that the public would be shocked and appalled if a finding of impairment were not made. They further agreed with Alex's submissions that suspension was the appropriate way of disposing of the matter. Dr Elias was duly suspended for 6 months.
The Judgment of the Tribunal is available here.
The case has been reported in the press:
Alex Mullen