A nurse accused of failing to zip up his fly and exposing himself to a patient has been cleared after he insisted he was wearing Bermuda shorts.
Craig Martin, of Union Street, Melksham, was found guilty of drunkenly flashing at the vulnerable male patient earlier this year, but he convinced a tribunal to reconsider evidence against him.
Martin admitted inviting the man, referred to as Patient B, to his home but denied exposing himself.
The nurse has confessed to texting another patient asking for cannabis and owned up to a conviction for battery on August 4, 2009, at Bath Magistrates' Court.
Martin was given a 10-week curfew order but just one month later he was banned from the road for six months after being convicted of drink-driving.
The nurse, employed by Avon and Wiltshire Mental Health Partnership NHS Trust, was off sick when Patient B called to ask to see him in August 2009.
Martin told Patient B to come to his home before taking him shopping to buy alcohol.
The pair returned and Martin asked Patient B to stay over, but the patient later called his partner to collect him. Three weeks later he made a formal complaint against Martin, alleging he had exposed himself.
Patient B died of an unconnected illness before the Nursing and Midwifery Council (NMC) panel hearing in August.
Martin, who initially chose not to attend the hearing, later protested his innocence and begged the NMC panel to listen to his version of events.
He said: “I know for a fact it didn’t occur and I maintained that right from the start.
“I’m trying to protect my professional reputation. I have been on the local radio in my home town and the stigma attached to this means I will never be able to work again.”
He told the panel: “Your decision was based on hearsay – how can that be fair?”
The NMC panel agreed to reconsider its earlier decision and Martin was cleared of exposing himself to Patient B.
Chairman Paul Hindley said: “Unfortunately we have not had the benefit of oral evidence from Patient B.
“The panel has, in the end, come to the conclusion that it is unable to reject Mr Martin’s evidence and now finds this charge is not proved.”
Martin could still be suspended or struck off for the charges he has admitted.
The hearing resumes on February 20 next year. In the meantime, he is subject to an interim suspension order.
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