Page last updated at 16:12 GMT, Monday, 2 November 2009

Killer nurse starts legal appeal

Benjamin Geen
Nurse Benjamin Geen denied the offences

A hospital nurse who was found guilty of murdering two of his patients has started an appeal bid against his conviction.

Benjamin David Geen, 29, of Orchard Way, Banbury, Oxfordshire, was jailed for life in 2006 for causing the deaths at the town's Horton General Hospital.

The Court of Appeal heard from Geen's barrister that the convictions were partly based on "valueless" evidence.

The appeal hearing is expected to continue for several days.

Geen, a staff nurse, was said to have given 17 patients injections of drugs to stop them breathing before they could be resuscitated.

'Rare events'

Anthony Bateman, 65, from Banbury, died on 6 January 2004 and David Onley, 75, from Deddington, died just over two weeks later.

The 15 other patients survived.

At the Court of Appeal hearing, Geen's barrister, Dr Michael Powers QC, said evidence at the trial about the rarity of respiratory arrests in an accident and emergency department, which happen outside the operating theatre, was "valueless" and should not have been admitted.

One of the judges, Lady Justice Hallett, pointed out that everyone was in agreement that "respiratory arrest in accident and emergency, outside the operating theatre, is a rare event".

Dr Powers replied that what was not known and not agreed was "how rare an event it is".

He said: "It is impossible, in our submission, to draw an inference from the fact that something is rare that there must be some other explanation for it... rare events do happen."

Dr Powers argued that "anecdotal" evidence given by witnesses on that issue had an "overwhelming prejudicial effect" and should have been "excluded".

The hearing continues.



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