Fraud case against top cancer surgeon is in a 'legal black hole and may never be resolved' - News - Evening Standard
       

Fraud case against top cancer surgeon is in a 'legal black hole and may never be resolved'

The prosecution of an internationally renowned cancer surgeon for allegedly defrauding a private health insurer out of hundreds of thousands of pounds has "fallen into a legal black hole" and may never be resolved.

The case against Nigel Sacks, a former senior consultant at the Royal Marsden Hospital in London, whose celebrity patients have included Nigella Lawson, was last week adjourned until May so the Attorney General and Crown Prosecution Service can decide how best to proceed.

Sacks, 50, faces 19 charges of false accounting stemming from alleged discrepancies between invoices for operations submitted to health insurance giant AXA PPP and patients' medical notes.

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Top doctor: Nigel Sacks faces 19 charges of false accounting

The legal complications have arisen as Sacks suffered a nervous breakdown after his arrest and is too ill to attend court.

His defence counsel said he was a 'medium' suicide risk.

Both the CPS and the defence wish to avoid a costly court case, which they say is not in the public interest. But Attorney General Baroness Scotland refused and wants a 'fitness to plead' hearing.

Unusually both prosecution and defence not only disagree with the decision, but say the Attorney General is 'wrong in law'.

One lawyer in the case said: 'In my 20 years in the law, I have never known a case such as this one. It is in a legal black hole.'

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