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A physician has labelled a coronial investigation into his wife’s death that recommended him for criminal charges “dubious” as he tried to fight suspension of his medical registration.
Peter Spencer, a Melbourne sleep and respiratory doctor, was referred to prosecutors in June to consider a negligent manslaughter charge, after a coronial investigation into the death of his wife Mayumi.
Peter Spencer has been referred to prosecutors by the state coroner over concerns he may have committed negligent manslaughter.
The 29-year-old woman died from cocaine toxicity in 2015, after she started vomiting and had a fit following a night out with Spencer.
Spencer sliced her throat open using a kitchen knife and pen, in an attempt to open her airways, but was unsuccessful.
He performed CPR on his wife, but did not call for an ambulance for more than three hours.
Victorian State Coroner John Cain investigated the death and recommended Spencer be referred to the Director of Public Prosecutions owing to the delays in seeking urgent medical assistance and his duty of care to his wife.
Spencer has not been charged, but the Victorian Civil and Administrative Tribunal heard on Friday his medical registration was suspended on June 21 due to the coroner’s findings.
The Medical Board of Australia said it was in the public interest to “take immediate action” and suspend Spencer, the board’s barrister Sarah Keating told the tribunal.
“Those findings render the applicant [Spencer] a substantial threat to public confidence in the medical profession should he be able to practise whilst the referral is considered,” she said.
Spencer filed action with VCAT seeking a review of the board’s decision, and requested a stay on the decision to suspend his registration.
He self-represented at a hearing on Friday afternoon, by video link, where he unleashed on the coronial and police investigation into his wife’s death.
“The coronal brief has dubious content,” he said.
“The majority of the coronial brief is filled with circumspect and circumstantial evidence from aggrieved family members in Japan.”
Spencer dismissed a number of accusations about the eight-year police investigation, alleging officers had left evidence inside his home, including a syringe with cocaine inside it.
He said he did not have access to “any phones” to call for help while performing CPR, he had cried out to neighbours and that he did his “best to help her survive”.
Mayumi Spencer, 29, died in her Docklands apartment.
“My wife had almost no chance of survival and that is not discussed at all,” he said about the finding.
Spencer said calling an ambulance would “not have affected” his wife’s chance of survival, as it would have taken 11 minutes to get to the apartment and 15 minutes “of downtime” to set up a defibrillator.
“Delaying calling an ambulance is irrelevant,” he said.
Keating asked VCAT senior member Anna Dea to take into account Spencer’s “evolving types of accounts” in relation to what had happened on the evening his wife died.
She said he was using those accounts and explanations to undermine the coroner’s findings and the board’s decision.
Dea refused Spencer’s stay application, meaning he cannot practise as a medical professional until a decision on his review.
He will return to the tribunal for a directions hearing next month.
AAP
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