A FORMER John Radcliffe medical secretary, who claimed he was racially abused by colleagues and security officers ‘broke his arms and legs’ while removing him from the hospital, has had his case dismissed.

Martin Shaba, who is originally from Zimbabwe, brought a case against the Oxford University Hospitals NHS Foundation Trust, which runs the Headington hospital, accusing the trust of allowing racial discrimination and harassment during his 11-month employment from May 31, 2016.

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He also alleged security staff and a police officer used excessive force, motivated by his race, while removing him from the John Radcliffe in April last year after he was banned from the building.

According to a judgement published this month after a three-day employment tribunal in Reading in March, Mr Shaba claimed his case could not be adjudicated by Judge Andrew Gumbiti-Zimuto as: “A Zimbabwean Judge considering a Zimbabwean case twice is not fair.”

When the tribunal rejected this argument Mr Shaba left the hearing and it continued without him.

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The tribunal heard from witnesses and saw bodycam footage from Mr Shaba being removed from the hospital.

The full reason for the ban was not disclosed but the judgement stated it came "from the claimant’s behaviour at the hospital on 3 April 2018".

Judge Gumbiti-Zimuto said though Mr Shaba was held down several times it was because he had ‘become a dead weight’ and then ‘lashed out’ at security officers from the ground.

The Oxford Times:

He added: “The claimant [Mr Shaba] shouted at the security officers who held him that they had broken his hands, that they had broken his arms, that they had broken his elbow, and that they had broken his legs.”

However, bodycam footage and a medical examination following the incident contradicted this and the judge described Mr Shaba as an ‘unreliable narrator’.

His other claim of racist abuse and discrimination came from his time as a medical secretary working in the Vascular Surgery Department between May and September 2016.

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The first in a series of incidents he described was a colleague asking where he came from and when he responded Zimbabwe she said: “Your president is a dictator” and added: “You people from abroad bring diseases like AIDS to the UK”.

He said as a result he felt lower than everybody else, "an intruder who was not part of the team".

The staff member, however, said she had not said the second thing at all.

She added she had since become aware of an Oxford Mail article in which Mr Shaba was described as somebody who has fled Zimbabwe and shown celebrating at a party that he organised when Robert Mugabe was removed from office.

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Evidence from staff said rather than discrimination Mr Shaba was ‘struggling with the job’ and there were ‘constant problems’ with his work.

He was also called ‘aggressive and intimidating’ during a meeting.