A pharmacist who was been struck off his professional register following an attack on a legal official with an iron bar is facing deportation to Australia as soon as emergency papers can be arranged, London's High Court has heard.
However, a top judge ruled that Samuel Edwin Ashby, 62, of Hughenden Court, Mount Pleasant Road, Hastings, can nevertheless proceed with his High Court challenge to the striking off decision in October 2006, which provoked the iron bar attack when hi
s ban was first announced.
The Royal Pharmaceutical Society had claimed that Ashby, originally from Australia, should be made to pay £17,000 into court as 'security' for its legal costs as a condition of being allowed to proceed with his judicial review claim.
However, judge Mr Justice William Blair on Wednesday ruled that making such a order would be likely to have the effect of "stifling" Mr Ashby's appeal, because he would be unlikely to be able to pay.
Ashby was sentenced to 14 months in prison for assault causing actual bodily harm to the head of the Royal Pharmaceutical Society's (RPS) legal department, Des Fitzpatrick, 47.
After the attack Mr Fitzpatrick was taken to hospital covered in blood with a 10 cm long gash on his head which was one cm deep.
The attack occurred at the end of disciplinary proceedings in October 2006 at which Ashby was struck off following complaints relating to incidents of rudeness while he was working at pharmacies in Weymouth , Bridlington, Llandridod Wells, and Norwich.
Ashby is pursuing an appeal against the striking off, claiming the panel proceeded without giving him time to prepare his case properly, and alleging bias and pre-judgment.
However, this week London's High Court was told that a deportation order has been made against Ashby and that it will be effected once emergency travel documents are obtained by the Home Office from Australian authorities. He is currently out on bail pending deportation.
The Pharmaceutical Society argued that, in those circumstances, the judge should make the order sought.
However, the judge ruled that cases such as this go far beyond monetary matters and relate to professional fitness, and so the courts have to proceed with caution when imposing financial conditions.
"After consideration, I feel that it would not be right to make the order that is sought. There must be a very good prospect that if I made the order sought that it would have the effect of stifling the appeal."
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