Boswelltoday update post for Feb 11
Day 7 UPDATE Peggie v NHS Fife (covering late morning and PM session) - Upton’s Defence Crumbles as Cross-Examination Exposes Contradictions and Concealed Evidence
The late morning and afternoon sessions saw Dr Upton’s evidence unravel further under cross-examination from Naomi Cunningham, exposing more inconsistencies, evasions, and clear attempts to obscure the facts.
His failure to provide a precise date for the resus incident became the focal point, with Cunningham demonstrating that his own phone notes recorded a much narrower timeframe—between 25 October and 18 December. Yet, when asked during the investigation, Upton failed to disclose this, instead offering a broader range that conveniently made it harder to verify his claims. When confronted, he admitted this was an "error," but the pattern of vagueness was too convenient to be accidental.
Cunningham then exposed another contradiction: while Upton claimed not to recall working with Peggie on the peanut allergy case, he conceded that he did work with her on the same shift with another patient. Peggie had given a specific date—Halloween—tying the incident to a child who suffered an allergic reaction after eating a Snickers bar. Upton, however, feigned ignorance, unable—or unwilling—to link the patient to a date.
His defence crumbled when Cunningham pointed out that this meant the incident could indeed be dated, directly undermining his attempts to blur the timeline. The questioning made it abundantly clear: Upton was being deliberately vague, likely to prevent scrutiny of his allegations against Peggie.
Cunningham then turned to the chronology of Upton’s complaints, revealing yet more late-disclosed documents that showed he had carefully constructed his story over time. Despite claiming he reported the incident straight away, his actual complaint evolved over weeks, with emails sent to the BMA, Antony Wilson, and others only surfacing at the last minute.
The judge’s patience wore thin as it became clear that relevant documents had still not been produced, leading to more delays. Upton attempted to justify this by claiming some were on his personal email, yet Cunningham exposed how key material had simply been omitted. When asked whether he had handed over everything as requested, he weakly replied that he "believed so"—a phrase rapidly losing any credibility. The judge, clearly frustrated by the incompetence and obstruction, acknowledged that the case would not conclude this week.
Cunningham, unflinching, stated that compliance with document orders had been "at best incompetent and incoherent," warning that more delays were inevitable if further missing evidence had to be requested. She pointed out the unfairness of leaving Upton under oath for long periods due to his own failure to provide full disclosure in a timely manner.
Despite this, NHS Fife’s legal team, led by Jane Russell, attempted to downplay the significance of the missing documents, insisting they were irrelevant. The judge disagreed, noting that relevance could not be determined until all materials were properly reviewed.
As proceedings wrapped up, the tribunal confirmed that cross-examination of Upton must be completed by 2:30 the next day, with further witnesses—including Esther D, Isla Bamber, and Vic Valentine—scheduled to follow. Cunningham requested that all missing documents be provided by 5:30 that evening, printed and ready for review. The judge agreed, setting the stage for what is likely to be another damning day for Upton and NHS Fife when the tribunal resumes.
https://x.com/boswelltoday/status/1889334248139804941
Paragraph spacing by me for readability.