Phone records in a tribunal involving a row between a nurse and a trans doctor were not examined in person or forensically.
Peter Donaldson, an information security manager for NHS Fife, instead joined a Teams call with Dr Beth Upton in May this year to assist in downloading notes from a mobile phone.
The notes related to encounters the doctor had with Sandie Peggie, a nurse at the Victoria Hospital in Kirkcaldy.
Mr Donaldson told the tribunal that “time was limited” but that it would have been “more beneficial” to have carried out the exercise in person.
Ms Peggie and Dr Upton had a row on 24 December 2023 in the women’s changing rooms, regarding whether the doctor should be allowed in there.
The nurse was then suspended after Dr Upton made an allegation of bullying and harassment and cited concerns about “patient care”.
Ms Peggie has since lodged a claim against NHS Fife and Dr Upton, citing the Equality Act 2010.
The tribunal previously heard Dr Upton had recorded details of alleged incidents involving Ms Peggie prior to Christmas Eve in written notes on a phone.
When asked if the “most reliable” way to ensure the phone information was accurate would have been to carry out a forensic examination, Mr Donaldson agreed.
He also agreed that an in-person meeting would have been better than a Teams call.
Mr Donaldson said he could not offer a technical explanation for why the notes, including one entitled Weird Incident, showed a creation date of October 2023 but listed an edited date of August 2023.
The witness told the tribunal “he didn’t believe for a minute that [Dr Upton] was trying to lead us up to the garden path” with evidence.
It was later stated by Dr Upton’s legal team that other notes on the phone unrelated to Ms Peggie – including a shopping list – had the same issue with dates.
Another IT expert told the tribunal it “just isn’t possible” to edit a mobile phone note prior to the date it is created.
IT consultant James Borwick said only a “catastrophic event” at Google would have resulted in the phone saying a note had been edited before being created.
Mr Borwick was hired by Ms Peggie’s legal team to examine the phone records but denied he had been instructed to undermine Dr Upton.
Asked to explain screenshots highlighting the disparity between dates Mr Borwick said the “version history” of the phone notes appeared to have been superimposed.
He added that he had attempted to recreate the same scenario with a phone and editing dates before creating them, but without success.
He told the panel “it’s just not possible”.
The tribunal heard Dr Upton made additions to phone notes in the days after the Christmas Eve incident, including to a note from 18 December – the date Dr Upton has accused Ms Peggie of risking patient care with her actions.
It stated “working nights, won’t make eye contact, won’t acknowledge my presence, haven’t had direct conversation but can feel the dismissal/hostility” and was then added to in the early hours of 26 December.
Jane Russell KC, who represents NHS Fife and Dr Upton, suggested to Mr Borwick he had been instructed to produce evidence that Dr Upton was lying – a claim that prompted an immediate objection from Ms Peggie’s legal team.
Ms Russell later questioned whether a comment in Mr Borwick’s report saying Dr Upton was “silent on the matter” of phone notes was an “irresponsible accusation”.
He replied that, with hindsight, perhaps it was.
Mr Borwick said he had hoped to meet Dr Upton about the phone situation, but the meeting was cancelled by Ms Peggie’s legal team.
The tribunal will continue next week.
