A TOP judge has slammed "totally unacceptable" delays in dealing with the case of a Bristol nurse accused of aggressive behaviour on duty and claiming cash for a shift he didn't work.

The unproven allegations faced by David James Miller go all the way back to when he was working in Bristol Royal Infirmary's accident and emergency department in early 2008.

He was sacked from the hospital in July that year and, more than three years on, Mr Miller's career remains in limbo whilst the Nursing and Midwifery Council (NMC) investigates the allegations.

The nurse, of Whitehall Road, Bristol, was suspended from the profession for 18 months by the NMC as long ago as May 2009 and that has since twice been extended by the High Court.

However, top judge, Mr Justice Blake, sitting in London, today finally ruled enough was enough and refused to extend Mr Miller's suspension for a day longer.

Slamming the progress of the investigation as "more than leisurely", he said that the delays that have plagued Mr Miller's case, and his prolonged suspension from his chosen profession, might even amount to a violation of his human rights.

"This was an extremely simple and uncomplicated matter and it is simply inconceivable that it has taken three years to progress to a hearing", the judge added.

Tight resources and a heavy workload – the court heard the NMC is currently dealing with around 4,000 disciplinary cases at any one time – was "not sufficient excuse or justification for the delay that has occurred", he said.

NMC counsel, Leo Seelig, argued Mr Miller's continued suspension was "necessary" to protect the public. However, refusing to extend the suspension, Mr Justice Blake said he hoped his comments would be drawn to the NMC's attention and have "a salutary effect".

Mr Miller faces claims that he spoke or behaved in an "aggressive and confrontational" manner in the presence of colleagues and a patient's daughter.

He is also accused of claiming payment for a night shift in the hospital's accident and emergency department that he did not work.

None of those allegations have been proved, although the NMC investigation into the case began in January 2009.

Mr Seelig told the judge that the case against Mr Miller is now finally approaching readiness and is expected to go before the NMC's Conduct and Competence Committee in February next year.