FORMER York psychiatrist William Kerr today lost his battle to clear his name.

The Court of Appeal decided that a crown court hearing last December - at which Dr Kerr was found by a jury to have indecently assaulted a former patient - went ahead correctly.

It disagreed with lawyers for the retired consultant that his right to a fair hearing under the European Convention on Human Rights had been breached because he had been subjected to a criminal procedure, despite being unfit to stand trial.

The jury's finding was upheld and Dr Kerr's name will remain on the Sex Offenders' Register.

And a Department of Health inquiry into the way that complaints against Dr Kerr, formerly of Alne, near Easingwold, were handled by the NHS in the 1960s, 70s and 80s will go ahead as planned.

But lawyers for Dr Kerr indicated that today's decision will not be the end of the road, and the matter will now be taken to the European Court of Human Rights in Strasbourg. An application has already been submitted to Strasbourg but put on hold until after today's decision.

Robert Smith QC said a fresh application would be made to the European Court, effectively appealing against today's judgment. He said the first step would be to seek a declaration from the European Court that the application was admissible. This could take about three months.

If it was considered admissible, it could be one to two years before the European Court could hear the matter.

A former patient of Dr Kerr, Kathy Haq, who appeared as a witness against the consultant at last year's hearing, said today she and other patients were very happy with the decision of the Court of Appeal.

"Thank God," she said when the Evening Press broke the news to her. "Justice has been done."

She said that the decision would make the women who had gone through the trauma of giving evidence feel that it had all been worthwhile.

A jury at Leeds Crown Court decided in April last year that Dr Kerr was unfit to plead and stand trial through mental impairment. A different jury in December considered 19 allegations against the former Clifton Hospital consultant - 15 of indecent assault and four of rape.

The jury cleared him of four indecent assaults and two rapes, and was unable to reach decisions on ten indecent assault allegations and two rape allegations, but they found that he had committed the act of one indecent assault.

The offences were alleged to have happened at various locations around North Yorkshire, including Harrogate, Knaresborough, Newton-on-Ouse, York and Ripon.

Because Dr Kerr was not subject to a criminal trial, he was given an absolute discharge and placed on the Sex Offenders' register.

Today's deferred judgment follows a hearing in July at which Robert Smith QC, for Dr Kerr, claimed that he had been the victim of an "oppressive" procedure.

Dr Kerr's solicitor Richard Manning said: "We are very disappointed by the decision in the Court of Appeal.

"We will consider whether it is possible to take this matter to the House of Lords."

Updated: 14:10 Friday, October 05, 2001