Manesi J T Chivhako

Allegation:

(as amended on day 1 of the hearing, namely, 19 April 2023)

As a registered Occupational Therapist (OT76547) your fitness to practise is impaired by reason of conviction and/or misconduct. In that:

1. On 4 May 2010, you were convicted of the following offences:

(i) On 10 June 2009, in the County Court Division of Belfast, being the driver of a mechanically propelled vehicle and knowing that an accident had occurred owing to the presence of that vehicle on a road or other public place, namely Belfast, whereby injury was caused to a person other than yourself failed to keep the said vehicle standing at or near the place where the accident occurred for such a period as was reasonable in all the circumstances, contrary to Article 175 of the Road Traffic (Northern Ireland) Order 1981.

(ii) On 10 June 2009, in the County Court Division of Belfast, being the driver of a vehicle and knowing that an accident had occurred owing to the presence of that vehicle on a road or other public place, namely Belfast, whereby injury was caused to a person other than yourself failed to forthwith report the accident and give particulars at a police station or to a member of the Police Service of Northern Ireland contrary to Article 176 of the Road Traffic (Northern Ireland) Order 1981.

(iii) On 10 June 2009, in the County Court Division of Belfast, drove a mechanically propelled vehicle on a road, without due care and attention contrary to Article 12 of the Road Traffic (Northern Ireland) Order 1995.

2. On 18 January 2019, at Hamilton Sheriff Court, you were convicted of the following offences:

(i) On 25 September 2018, drove a motor vehicle on a road otherwise than in accordance with a licence authorising you to drive a motor vehicle of that class in respect that you were the holder of a provisional licence and not accompanied by a qualified driver and were not displaying ‘L’ plates on said motor vehicle contrary to the Road Traffic Act 1988 Section 87(1) as amended.

(ii) On 25 September 2018, on a road or other public place did use a motor vehicle without there being in force in relation to the use of said motor vehicle by you such a policy of insurance or such a security in respect of third party risks as complied with the requirements of Part VI of the Road Traffic Act 1988; contrary to the Road Traffic Act 1988 Section 143(1)&(2) as amended.

3. You did not declare your convictions set out in particulars 1(i) and/or (ii) and/or (iii) and/or 2(i) and/or 2(ii) to the Health and Care Profession Council (HCPC) in a timely manner.

4. On 30 November 2017, you signed the application form for registration with the HCPC and did not tick the box “yes” in response to the question:

“Have you been convicted of a criminal offence or received a police caution (other than a protected caution or protected conviction)?”.

5. Your conduct in relation to particulars 3 and/or 4 above was dishonest.

6. The matters set out in particulars 3 and/or 4 and/or 5 above constitute misconduct.

7. By reason of your conviction and/or misconduct your fitness to practise is impaired.