THE Government rejected proposals from its own lawyers when it denied patients a public inquiry into the Richard Neale scandal, The Northern Echo can reveal today.

Leaked internal documents show that Chief Medical Officer Professor Sir Liam Donaldson was against a public hearing because he wanted to ensure such investigations were reserved for "the most serious cases".

Last night, victims of the gynaecologist's botched operations asked: "Just how serious does it have to get?"

Dr Neale was struck off twice, first in Canada and again in Britain two years ago. Two of his patients died.

During his time as a consultant in North Yorkshire - treating women from across the North-East - he seriously injured 88 patients and another 160 protested about his treatment of them.

He was not stopped from practising in Britain for 15 years - a serious scandal by any standards, campaigners argue.

But last week, the High Court upheld Health Secretary Alan Milburn's right to hold a private inquiry after a legal challenge by patients.

The campaigners, who represent more than 250 women victims of the former gynaecologist at the Friarage Hospital, Northallerton, insist that a public inquiry is the only way to get to the full facts.

Philip Sales, for Mr Milburn, told Justice Scott Baker that it was in the public interest that cheaper more efficient private inquiries be used to address failings in the NHS.

Richard Lissack QC, for the victims, argued that a public inquiry should be held so that "nothing be swept under the carpet".

But documents from the office of Prof Donaldson show that lawyers suggested that the decision on whether the investigations should be in private or in public could be left up to whoever was chairing the inquiry.

This proposal is rejected because "it would not help in our attempt to achieve a degree of consistency of approach and to ensure public inquiries are reserved for the most serious cases".

Elsewhere, Prof Donaldson explains how barristers were asked to advise on the terms of reference "to reduce the risk of successful challenge by judicial review". Witnesses from within the NHS "will be more comfortable with a private inquiry," the professor adds.

Graham Maloney, advisor to the Neale campaign group, said terms of reference had been "rigged and engineered" to make it difficult for a judicial review to succeed.

"It is ridiculous that the investigation is limited to how the NHS handled complaints against Neale between 1985-95," said Mr Maloney.

"It should include the role of the General Medical Council and the Department of Health itself and should be open to the Press and public."

Prof Donaldson was general manager of Northern and Yorkshire Regional Health Authority in the mid-1990s, at the time that the Friarage Hospital got rid of Mr Neale.

However, a Department of Health spokesman has made it clear that Prof Donaldson was never in a position of accountability for Mr Neale's employment conduct.

The bid to force a public inquiry was backed by ex-Tory leader William Hague MP, David Hinchliffe MP, chairman of the Health Select Committee, the Patients' Association and the Association of Community Health Councils of England and Wales.

Members of the Neale action group will meet their lawyers on Friday to discuss a possible appeal.