A senior radiologist from a top U.K. cancer hospital has been given a suspended sentence for an illicit public sexual encounter on a train last September, according to a media report.
Earlier last month, Dr. Mark Elias, a 51-year-old consultant radiologist at the Christie NHS Foundation Trust in Manchester, and 37-year-old Phillip Goodman, pleaded guilty to outraging public decency at a hearing in Chester Magistrates' Court (see auntminnieeurope.com/medical-legal-and-practice/article/15737062/radiologist-awaits-sentencing-after-court-appearance).
On 28 February, they received an eight-week jail sentence, suspended for 12 months, the Manchester Evening News (MEN) reported on 3 March. Both men were also ordered to complete 20 days of rehabilitation activity and pay £239 in costs and victim surcharge.
The crime could have carried a maximum sentence of six months in prison, but the court noted that it had considered the previous behavior and character of both men as mitigating factors in sentencing.
"It is our opinion that this matter crosses the custody threshold, but in both cases we believe your previous good character and character references show the lives lived so far means that there is a realistic chance of rehabilitation," Justice of the Peace Jane Davies said in court.
Elias will now be referred to the General Medical Council for a disciplinary investigation. He was told in court that there is “no guarantee” he will be able to keep his position at the Christie.
“Both defendants were at Manchester Piccadilly train station, and boarded the 9:56 p.m. train to Chester. During the journey they proceeded to commit sex acts on each other in view of other passengers,” Prosecutor Gabriella Orthodoxou said during the hearing.
According to the MEN report, a conductor saw Elias and Goodman on a security camera and intervened. The two men stopped when the conductor told them to and exited the train when it reached Chester. The conductor then reported the matter to the police. The incident occurred over the span of approximately one hour.
Elias and Goodman were identified later through CCTV footage from the train and were arrested in November. Elias has reportedly not worked since.
Orthodoxou said that Elias and Goodman did not deny that the incident took place, but both stated that they had no memory of it happening. The defendants had been going to bars in Manchester and had consumed alcohol before boarding the train.
“They were also seen drinking a bottle of wine on the train during the incident,” the prosecutor added.
Elias's barrister, Cheryl Mottram, said that he had recently “turned to alcohol” in response to life stresses, the MEN article noted. “He had been drinking too much up to the commission of this offence,” she said. “During the course of the night out he drank to excess. He drank to a degree that he has no recollection of what took place. He acted in a way completely alien to his normal character.
The alcohol was a "dis-inhibitor" and he acted outrageously, she continued. "He is truly sorry. He has not only lost his good character, but brought embarrassment on himself, and some embarrassment on his family.... His ex-partner and his children carry his name, and they will carry the stigma of what he appears before the court for -- and for that he is extremely remorseful.”
Elias has been forthright with his colleagues and not waited for the incident "to come out of the woodwork," according to Mottram. "He spoke to colleagues and management and is working with them to make sure that he can save his job and remain in his position that he has."
Mottram also noted that Elias has sought counseling and has abstained from alcohol, the MEN noted.
