Category: noakestrial

DID WITS ETHICS CHIEF LOSE HER WAY JUST TO NAIL NOAKES?

Prof Amaboo ‘Ames’ Dhai

By Marika Sboros

Here’s an intriguing ethical and moral dilemma in the latest issue of the SAMJ (South African Medical Journal).

It’s in an article by University of the Witwatersrand bioethics head Prof Amaboo “Ames” Dhai. The title: The Life Esidimeni tragedy: Moral pathology and an ethical crisis.

In it, Dhai speaks of “core values of compassion, competence and autonomy”. Together with respect for fundamental human rights, these are “the foundation of ethical practice in healthcare”, she writes.

But why is that an ethical, moral dilemma and for whom? Well, for starters, for Dhai herself.



NOAKES FREE AT LAST, HPCSA LICKS ITS WOUNDS

By Marika Sboros

South African scientist Prof Tim Noakes is a free man. Noakes has won his final battle with the Health Professions Council of South Africa on a charge of professional misconduct for a single tweet.

The HPCSA’s committee has dismissed an appeal against the comprehensive not-guilty verdict for Noakes in April 2017. (Click here to read the full decision.)

The unanimous ruling came down late on Friday, June 8, 2018. It is as complete an exoneration as Noakes could have hoped for. And the only person it exonerates is Noakes.



NOAKES: WILL ACADEMIC ‘MOBSTERS’ SILENCE HIM?

By Marika Sboros

How did a dietitian with a business to protect get the might of a South African state body to prosecute world-renowned scientist Prof Tim Noakes? That question is hanging in the ether.

It also raises questions around the role of academic “mobsters” in a case that legal experts say defies logic, scientific evidence and common sense.

The Health Profession’s Council of South Africa (HPCSA) has appealed its committee’s comprehensive not-guilty verdict for Noakes. The appeal concluded in Pretoria on February 23, 2018. Appeal Committee chair, advocate Justice Mogotsi, will rule before the end of March.



NOAKES: MEDICAL, SCIENTIFIC WORLD WATCHES AS HPCSA DECIDES HIS FATE

By Marika Sboros

South African scientist Prof Tim Noakes will know within 30 days if his regulatory body will fail in a last-ditch attempt to find him guilty. He will also know if it will have to pay dearly for doing so.

And this time round, global medical and scientific communities are watching.

A group of independent doctors in the US launched a petition on February 19. The US-based Nutrition Coalition has supported it. The petition calls on the Health Professions Council of South Africa to stop prosecuting Noakes. Before a week was up, more than 31,000 of the world’s leading doctors, scientists, dietitians and others had signed.

One signatory is Harvard physician and nutrition professor Walter Willett. Willett is no fan of low-carb, high-fat (LCHF) diets. However, Willet signals his support for the right of scientists right to express opinions that differ from his.

The HPCSA has appealed its Professional Conduct Committee’s comprehensive not-guilty verdict for Noakes in April 2017. The charge was unprofessional conduct for a single tweet in 2014. In it, he said that good first foods for infant weaning are LCHF.

Noakes’s lawyers have filed a cross-appeal going for costs. Their grounds are that the HPCSA has acted in bad faith throughout. They say that the HPCSA is a statutory body and therefore the law offers it no protection against “bad behaviour”.

The appeal was held in Pretoria from February 21 to 23 before a committee that the HPCSA appointed. The Committee Chair, advocate Justice Mogotsi, reserved his ruling till “some time before the end of March”.



KENDRICK: HPCSA VENDETTA AGAINST NOAKES ‘DANGER TO US ALL’

Scottish GP Dr Malcolm Kendrick isn’t a conspiracy theorist. Especially not when it comes to the trial of scientist Prof Tim Noakes. It would be funny were it not so deadly serious, Kendrick says. But it really isn’t funny at all. 

Kendrick says that the Health Professions Council of South Africa (HPCSA) is not involved in a conspiracy against Noakes. The HPCSA is pursuing a vendetta against him for daring to promote low-carbohydrate, high-fat (LCHF) diets.

The HPCSA is appealing its own committee’s comprehensive not guilty verdict for Noakes in April 2017 on a charge of unprofessional conduct. The appeal begins in Pretoria today and runs until Friday.  



NOAKES: TOP DOCTORS GLOBALLY CALL ON HPCSA TO STOP PROSECUTING HIM!

By Marika Sboros

Top doctors and scientists in the US, Canada and Australia have signed an open letter to the Health Professions Council of South Africa. They want the HPCSA to stop prosecuting scientist Prof Tim Noakes for allegedly tweeting “unconventional advice” that was not evidence-based. They provide evidence to show that his tweet was evidence-based and thus not unconventional.

Among the signatories is Australian cricket team physician Dr Peter Brukner. Brukner is a professor of sports science at La Trobe University.

Others include leading US, Canadian and Australian endocrinologists, obesity specialists, obstetricians and gynaecologists, oncologists, orthopaedic surgeons, anatomical pathologists, nephrologists, internal medicine specialists, anaesthetists, psychiatrists and researchers.

They have disseminated the letter as a petition. At last count there were more than 9000 signatures. (Editor’s note: the number is now above 11,000.) Many of those are doctors, other health professionals and scientists.

The HPCSA is appealing its own committee’s comprehensive not guilty verdict for Noakes. That was in April 2017 on a charge of unprofessional conduct. The appeal takes place at its Pretoria offices from February 21 to 23, 2018.

The HPCSA has objected to a request by Noakes’s lawyers to introduce new evidence. It shows that dietitians from the Association for Dietetics in South Africa (ADSA) had inside help from the HPCSA to set him up.

In a related move, South African paediatric surgeon Prof Alastair Millar has called the HPCSA’s case against Noakes ” madness and wasteful”.

“It makes one ashamed to be listed on the HPCSA register as a medical practitioner.”



NOAKES: HPCSA BACK ON WARPATH, BLOCKS EVIDENCE DIETITIANS SET HIM UP!

By Marika Sboros

The Health Professions Council of South Africa (HPCSA) is back on the warpath against Prof Tim Noakes. It is appealing its own committee’s comprehensive not guilty verdict for Noakes in April 2017 on a charge of unprofessional conduct.

It will hold the appeal at its Pretoria offices from February 21 to 23, 2018.

The HPCSA claims that its Professional Conduct Committee “erred and misdirected themselves on the law and facts”.

It has objected to a request by Noakes’s lawyers to introduce incriminating new evidence. The evidence supports extensive evidence already on record suggesting that dietitians from the Association for Dietetics in South Africa (ADSA) really did set him up. And they had help from inside the HPCSA.

The new evidence shows up in a PAIA (Protection of Access to Information Act) request. Instructing attorney, Adam Pike, of Pike Law, made the request to ADSA in June 2017.

Noakes’s legal team has filed a cross-appeal going for costs. They say that the HPCSA went after Noakes illegally. It had no sustainable case from the outset.



NOAKES: ‘HPCSA WILL LOSE NEW WAR AGAINST ME!’

By Marika Sboros

The Health Professions Council of South Africa (HPCSA) is back on the warpath against Prof Tim Noakes. It has also thrown down legal gauntlets to Pretoria advocate Joan Adams.

Adams chaired the HPCSA’s Professional Conduct Committee that heard the charge of unprofessional conduct. She delivered the comprehensive, 60-page, four-to-one not-guilty verdict in Cape Town on April 21, 2017. The HPCSA announced its decision to appeal in early May but only gave grounds in August.

The HPCSA effectively claim that the committee, including three medical doctors, didn’t know what they were doing. They “fundamentally misconstrued their role in evaluating the evidence”. And they “erred and misdirected themselves on the law and the facts”. The HPCSA believe there’s a “reasonable chance” their Appeal Committee will overturn the entire verdict. They don’t just want a guilty ruling. They want a whole new “rehearing”.

Noakes calls that “malicious”. He says that the HPCSA face “five rather large roadblocks in its case against him”. Those include compelling new evidence of collusion between a dietitian on the HPCSA and the dietitians who reported him.



DID SA, UK SCIENTISTS DO SOMETHING DODGY TO NAIL NOAKES?

By Marika Sboros

Did South African scientists really do something scientifically dodgy just to silence Prof Tim Noakes? The case against them could be building.

The US peer-reviewed journal PLoS ONE is now investigating the Naudé Review, which it published in July 2014. The Health Professions Council of SA used it as key evidence to charge Noakes with unprofessional conduct.

The HPCSA found Noakes not guilty on all points of the charge on April 21, 2017. Thereafter, Noakes’s instructing attorney, Adam Pike, of Pike Law, wrote to PLoS ONE. Senior editor Dr Renee Hoch replied to say that the journal is “conducting a full reassessment” of the review.

All the universities involved have refused to investigate or “reassess” their academics’ role in it. UCT Faculty of Health Sciences deputy dean of research Prof Karen Sliwa said that only one out of the six researchers is from UCT. Four are from Stellenbosch University, one from the Liverpool School of Tropical Medicine. Thus, it would “seem preferable” for Noakes to complain to Stellenbosch.

Noakes says that’s like the Anglican Church saying it won’t investigate paedophilia claims against its priests because the Catholic Church has more claims against its priests.



Why ADSA ‘bullies’ desperately seeking to nail Noakes?

By Marika Sboros

There is so much that is so bizarre about dietitians trying to bully world-famous scientist Prof Tim Noakes into silence that I hardly know where to start. Even more bizarre, say legal analysts, is the Health Professions Council of SA helping dietitians to do that.

The HPCSA tells me it is pursuing its appeal against the comprehensive not guilty verdict for him on April 21, 2017, by its own Professional Conduct Committee. It has yet to come up with grounds except to say that its legal team has identified “significant errors and misdirections in the application of the law and the evaluation of the evidence” by the majority of the committee. Committee chair Pretoria advocate Joan Adams might vigorously dispute that view.

I am co-authoring a book with Noakes on the HPCSA’s trial of Noakes.  Penguin Random House will publish it in November 2017.  In it, we look at the Association for Dietetics in SA’s ongoing war with him. We also look at why ADSA’s former president Claire Julsing Strydom and current president, Cape Town dietitian and Woolworths consultant Maryke Gallagher are still so desperate to nail him.

And we look at a question that has puzzled me throughout. How did Strydom and Gallagher get the HPCSA to do their bidding quite so easily in this strange scientific saga? I am close to the answer.



NOAKES ‘ENERGISED, WRATHFUL’ AS HPCSA GOES AFTER HIM AGAIN

By Marika Sboros

So, the Health Professions Council of SA (HPCSA) has appealed the not guilty verdict for Prof Tim Noakes. His lawyers are furious and up for the fight ahead. Noakes is “strangely elated”. He says that it will “allow the exposure of much about which the South African public would otherwise have remained ignorant”.

Of course, an appeal was always on the cards. The HPCSA’s legal team has the right of appeal. However, even die-hard opponents of Noakes see it as a vindictive, stupid move. It may come back to haunt the HPCSA and the lone, “horrified” dietitian who started the case against Noakes. And her organisation, the Association for Dietetics in SA (ADSA). And the many other dietitians, doctors and assorted academics involved in his prosecution.

His lawyers call the case against him a persecution. The appeal lends more credence to that. It also feeds speculation of vested interests behind the HPCSA’s failed bid to silence him on low-carb, high-fat (LCHF). The case has lasted more than three years and cost many millions of rands. If the HPCSA pursues its path, as looks likely, it could go on for years and cost millions more. Noakes’  lawyers see it as “more waste of everyone’s time and money”.

All for a single tweet in which Noakes said that good first foods for infants are LCHF.



ADSA FACES GROWING BACKLASH FOR ‘RECORD 17 LIES’ ABOUT NOAKES

By Marika Sboros

The Association for Dietetics in SA (ADSA) is facing a global backlash for its role in the trial of scientist Prof Tim Noakes. The backlash has grown faster in the wake of an ambiguous statement that ADSA released after the comprehensive verdict of not guilty for Noakes on a charge of unprofessional conduct for his views on low-carb, high-fat (LCHF) foods.

American Ben Fury is one of many critics who has reacted with undisguised anger at ADSA’s statement. Along the way, he has identified “17 lies” that ADSA has told about its case against Noakes.

With so many lies in a single statement, Fury says that ADSA has set “a new record for being corporate stooges”.  He doesn’t stop there in a damning attack on ADSA’s executive, under current president Maryke Gallagher. He calls them “quislings”. Quisling is the word for a traitor, especially one who “collaborates with an enemy occupying force for personal gain”. It comes from the name of Norway’s pro-Nazi leader Vidkun Quisling during World War 2.



NOAKES VERDICT: HE WON THE BATTLE BUT THE WAR GOES ON

By Marika Sboros

The ashes have settled on the unequivocal not guilty verdict for Prof Tim Noakes but what’s next? Will there be a scientific phoenix rising? Any prospect of even a breath of fresh evidential air flowing through stale halls of “conventional” dietary advice?

Not if the dietitians involved in the case against him have anything to do with it.

Immediately after the verdict on April 21, 2017, Association for Dietetics in SA (ADSA) president Maryke Gallagher was on TV. She made it clear that ADSA would not change the “conventional” (low-fat, high-carb) dietary advice it dishes out. ADSA also issued a general, highly ambiguous statement to that effect the same day.

Two days later, the Nutrition Society of SA was equally emphatic. The verdict has “absolutely no bearing or impact on the current or future status of nutrition or the dietary guidelines in South Africa”, it said.

Thus, the dietitians and their backers have sent a clear message to Noakes. He has won the battle but the war against him and low-carb, high-fat (LCHF) science goes on. However, Noakes has made it clear he is more than ready for scientific battle. In the second in a series of reviews of the verdict, here are some views on the implications of his resounding vindication.



NOAKES NOT GUILTY – ‘OF SOMETHING OR OTHER’

Noakes

Prof Tim Noakes

Foodmed.net is running a series on what the verdict in the case against Prof Tim Noakes really means. First off is Scottish GP Dr Malcolm Kendrick. He says that Noakes won his case, but any scientist looking on gets a clear message from the establishment: ‘If you say things we don’t like, we will attack you and drag you through court and make your life a living hell for three years.’

That’s how the medical establishment silences people. It’s how it silenced Dr John Yudkin nearly 40 years ago, Kendrick says. Yudkin was founder of the nutrition department at the University of London’s Queen Elizabeth College – and way ahead of his time. He said that saturated fat does not cause heart disease. He said that sugar was a far greater health demon. Yudkin paid heavily for his evidence-based views. So has Noakes. And Dr Gary Fettke in Australia. 

Kendrick is author of two brilliant books. One is Great Cholesterol Con. The other is  Doctoring Data – How to Sort Out Medical Advice from Medical Nonsense. He believes that there really is a worldwide conspiracy to silence anyone who dares criticise sugar/carbs in the diet.In a blog titled, Tim Noakes: Not Guilty Of Something Or Other. He paints an ugly picture of what happens when we allow medical might to become right.  – Marika Sboros



NOAKES NOT GUILTY! NO HARM PROVEN, NO LAWS BROKEN

By Marika Sboros
Prof Tim Noakes is not guilty of unprofessional conduct. When Pretoria advocate Joan Adams announced the verdict yesterday, the hearing erupted into applause and cheers.

Adams said that the Health Professions Council of South Africa (HPCSA) had not proved any of its case on a balance of probabilities. It had not proven any harm from his tweet or that he had breached any norms or standards of the medical profession.

Adams was Chair of the HPCSA’s Professional Conduct Committee, effectively the “judge” in this case. She said that her five-member committee had to reach a majority, not unanimous, decision. The Committee had ruled four to one in Noakes’ favour.

The ruling could not have gone more in Noakes’ favour if he had scripted it himself.



NOAKES TRIAL: RECKONING DAY FOR FEROCIOUS ‘FABLE’?

By Marika Sboros

There’s something absolutely “fabulous” about the ferocity with which the Health Professions Council of South Africa (HPCSA) has prosecuted Prof Tim Noakes. Not fabulous in the informal sense of “very good” – as in a “fabulous holiday” or “fabulous riches”.

I mean the Oxford dictionary’s formal definition of fabulous as “extraordinary”, especially “extraordinarily large”. Most of all,  fabulous as having no basis in reality”. In other words, something mythical, the stuff of fables.

For more than three years now, the HPCSA has waged a titanic battle against Noakes over the tiniest of provocations. It began with a single tweet he made in February 2014. In it, he said that good first foods for infant weaning are LCHF (low-carbohydrate, high-fat).

Thus, April 21, 2017, has become the day of reckoning for a ferocious scientific fable.



NOAKES TRIAL: WHO REALLY DISHES UP DANGEROUS ADVICE?

By Marika Sboros

Prof Tim Noakes gave scientifically correct information in his tweet, his lawyers have argued. His statement to wean babies onto LCHF (low-carb, high-fat) is correct. Thus it is not even “unconventional”. It is also not dangerous or life-threatening, as the Health Professions Council of SA (HPCSA) claims.

Self-evidently, the HPCSA cannot prosecute Noakes successfully for a scientifically correct statement.

HPCSA lawyers are sticking to their prosecutorial guns. They claim that Noakes gave “unsolicited clinical advice” on a social network. They also claim that he gave the advice to everyone who saw it on Twitter. The advice is unconventional, dangerous and life-threatening, they say. And so is Noakes.

Noakes’ lawyers say that the HPCSA failed to prove all fundamentals of its case against Noakes. Instead of acknowledging failure, the HPCSA simply shifted the goal posts of the charge. It demonstrated a “win-at-all-costs” agenda against Noakes from the outset.

So, what’s really going down here?  In the final of a 2-Part review, Foodmed.net looks at the case so far. We also look at what the verdict will say about who really is dangerous.



NOAKES TRIAL: DID DISGRUNTLED DIETITIANS SET HIM UP?

By Marika Sboros

 

Prof Tim Noakes had no patient on Twitter and his tweet caused no harm to anyone. So, what did two days of heated legal argument prove in the case against him?

It clearly is an “unprecedented prosecution” of a distinguished scientist, as Noakes’ legal team describes it. Even counsel for the Health Professions Council of SA (HPCSA) acknowledged Noakes as “an extraordinary South African”.

But has the HPCSA really done the unthinkable? Has it prosecuted – and persecuted – one of its most eminent health professionals on the whim of another? Certainly, few had heard of dietitian Claire Julsing Strydom before this case.

But is Strydom a malcontent, a disgruntled dietitian who went after Noakes because he disagreed with her? If not, why did the HPCSA take up her complaint that many consider frivolous? And why did it argue forcefully not just in Strydom’s corner but for all dietitians?

Why does the HPCSA believe that Noakes is wrong and Strydom is right? And that she has the right to freedom of expression but he does not?

Just as importantly, why has the HPCSA made a simple hearing over a single tweet into a full-blown trial? After all, its hearings are not supposed to be adversarial. Here’s Part 1 of a review of the case so far and what to expect next. In Part 2, we look at the verdict on who really dishes up dangerous advice. 



NOAKES: ELEPHANT IN THE ROOM PROVES HE’S INNOCENT?

By Marika Sboros

Prof Tim Noakes is guilty of unprofessional conduct on “a balance of probability”, advocate Ajay Bhoopchand argued yesterday. He also accused Noakes of using the Health Professions Council of SA’s (HPCSA) hearing to “settle personal scores”.

Johannesburg senior counsel Michael Van der Nest argued that Noakes is not guilty of unprofessional conduct.  The only ones using the hearing to settle scores are dietitians opposed to Noakes, he said.

The dietitian who lodged the complaint against Noakes did so because he wouldn’t agree with her on diet, Van der Nest said. And when she and her colleagues couldn’t persuade him to agree with her, she decided, on a whim, to ask the HPCSA to prosecute him.

The tweet regarding LCHF for infants presented a perfect pretext for a complaint against Noakes.

Somehow, the dietitian “miraculously” succeeded in getting the HPCSA to do her bidding, Van der Nest said. Thus, the case against Noakes has become an “unprecedented prosecution” of a scientist for his views on nutrition.



NOAKES AND THE WOMAN WHO HOLDS THE KEY TO HIS FATE

By Marika Sboros

What’s really behind the prosecution of scientist Prof Tim Noakes? Is it just a single tweet to a breastfeeding mother, which even she said she didn’t take seriously? Was one dietitian really so “horrified” that she reported Noakes – even though she dishes out the same information?

What of claims of a doctor-patient relationship between Noakes and the stranger on Twitter? The same dietitian admitted that there wasn’t one.

Or is it just because Noakes says things like “cardiology is an evidence-free zone”? (It often is, these days.) Or that he has exposed endocrinologists who preach that diabetes is irreversible? And that he exposes the malevolent influence on nutrition advice of food and drug industries and a shadowy international Coca-Cola proxy organisation? For proof, look to crack US investigative journalist Russ Greene.

What of the Medical Research Council (MRC) investigation into  staff member Dr Ali Dhansay? Dhansay was a key witness against Noakes.  Dhansay is a former president of the Coca-Cola proxy in South Africa. Will the MRC investigation reveal foul play? The Health Professions Council of SA  (HPCSA) has turned its hearing into a full-blown trial against Noakes resumes on April 4. Here’s a preview and a look at who holds the key to Noakes’ fate.



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