Equestrian vet cleared of disgraceful professional conduct

Please note
This is an archived news story.

The Disciplinary Committee of the Royal College of Veterinary Surgeons today [1 March 2007] cleared a Llanelli-based veterinary surgeon of the charge against him, having found that his behaviour and actions did not amount to disgraceful professional conduct.

Mr Lodewijk De Smet MRCVS had been charged with professional misconduct for hitting his horse during an inter team hunt relay for the Banwen Miners Hunt in August 2005.

Mr De Smet, a successful equestrian, admitted to losing his temper, shouting and swearing repeatedly after having lost the race in which he was competing. However, in evidence, he denied hitting his horse and stated that he would never do so. Conflictingly, two of the RCVS’s witnesses – Mrs Karen Archer and Mrs Diane James – stated in their evidence that they had seen Mr De Smet hit his horse’s head with his fist, just below its right ear. 

The Committee heard a considerable amount of evidence from both sides regarding the events that led up to and followed this incident. Ultimately, however, it preferred the evidence of Mrs James and Mrs Archer – both experienced horsewomen – who were standing in positions on the day that would probably have enabled them to witness the events they described.

Although the Committee found that Mr De Smet had hit his horse on at least one occasion, and that there was no justification for his horse to be hit [eg no other person or animal was in danger at the time], it was mindful of the Legal Assessor’s guidance to distinguish whether this conduct fell not just short, but far short, of that which is expected of veterinary surgeons.

The Committee stated it could not condone a blow to an animal’s head in the circumstances described, but noted that even the prosecution witnesses indicated the incident had been “blown out of all proportion” and should have been dealt with at the time at a local level.

Mr Brian Jennings, Chairman of the Disciplinary Committee, said: “We believe that the contact between the rider’s hand and the horse’s head as described…was an isolated and fleeting incident, and of such a nature as to be much more likely to injure the rider than the horse. There was no evidence that the horse had suffered any injury.”

“While such handling of an animal falls short of what is expected of a veterinary surgeon, we do not believe that is could be described as falling far short, therefore we cannot consider it to constitute disgraceful conduct in a professional respect.”

For more information please contact:
Ian Holloway, Senior Communications Officer, Royal College of Veterinary Surgeons
020 7202 0727 / [email protected]

Notes for editors 

1. The RCVS is the regulatory body for veterinary surgeons in the UK and deals with issues of professional misconduct, maintaining the register of veterinary surgeons eligible to practise in the UK and assuring standards of veterinary education.

2. RCVS disciplinary powers are exercised through the Preliminary Investigation and Disciplinary Committees, established in accordance with Schedule 2 to the Veterinary Surgeons Act 1966 (the 1966 Act). The RCVS has authority to deal with three types of case:

a) Fraudulent registration

b) Criminal convictions

c) Allegations of disgraceful professional conduct

3. The Disciplinary Committee is a constituted judicial tribunal under the 1966 Act and follows rules of evidence similar to those used in a court of law.

Further information, including the charge against Dr De Smet and the Disciplinary Committee’s findings and decision can be found via www.rcvs.org.uk/disciplinary.