A RETIRED GP accused of killing three elderly patients behaved "unacceptably" in his treatment of one of the men the day before his death, a court heard.

Dr Howard Martin, 71, was said to have "jumped to an over- hasty conclusion that Harry Gittins was in terminal decline", according to a report by a general practice advisor, who was asked by police to prepare a report into the three deaths.

Dr John Grenville, secretary of the Derbyshire Local Medical Committee, said it was not necessary for Dr Martin to sedate Mr Gittins to the extent he had, to deal with his symptoms.

There was also evidence available to Dr Martin that showed Mr Gittins' tumour had not spread, while Dr Martin also knew of recent treatment he had received to shrink the tumour.

Mr Gittins, from Newton Aycliffe, County Durham, who suffered from a tumour of the oesophagus, had received chemotherapy and radiotherapy.

Dr Grenville was asked by prosecution barrister Robert Smith whether he had seen anything in the evidence to suggest that Mr Gittins fell into the category of suffering from "unendurable and uncontrollable" symptoms, which would justify such a dose of drugs.

He replied: "I have seen quite the opposite."

He said Dr Martin had behaved unacceptably in his treatment of Mr Gittins on the day before his death.

Earlier, the court had heard lengthy evidence from Home Office pathologist Dr Mark Egan, who said the causes of Mr Gittins' death were toxicity and broncho-pneumonia.

Dr Martin, now of Gwynedd, North Wales, denies killing 74-year-old Mr Gittins by administering a lethal dose of morphine.

He has also pleaded not guilty to the same charges in relation to Frank Moss, 59, of Eldon, Bishop Auckland, and Stanley Weldon, 74, of Coundon Grange.

At the time of the alleged offences, Dr Martin was a partner in the Jubilee Medical Group, which had surgeries in Newton Aycliffe, Bishop Auckland and Shildon.

The defence in the trial at Teesside Crown Court could begin its case later today.