A surgeon suspended from his post at Cavan General Hospital has told the High Court he has lost confidence in a committee appointed to inquire into his conduct on grounds of the "simply unacceptable" behaviour of the committee chairman, Mr Andrew Bradley SC. Mary Carolan reports.
It is alleged Mr Bradley "smelt of alcohol" during several committee hearings. Dr William Joyce has also alleged Mr Bradley had absented himself from the committee last month for two days without explanation, just as Dr Joyce's defence was about to open.
Dr Joyce also expressed concerns about Mr Bradley's health during committee hearings and said that Mr Bradley had collapsed during a hearing last March and had been treated in hospital.
As a result of events which occurred before the committee on June 23rd, 24th and 25th last, Dr Joyce said he had taken the view that the chairman can no longer fulfil his functions as chairman. He had lost "complete faith, confidence and trust" in the chairman and in his ability to properly chair the committee.
He had found the whole experience oppressive and upsetting. "I had expected and am entitled to better," he said.
He claims that Mr Bradley had failed to turn up on June 23rd and 24th without explanation and, as a result, Dr Joyce had had to tell a number of witnesses whom he had assembled for the opening of his case that they could not give evidence.
During submissions yesterday, Mr Peter Finlay SC, for Dr Joyce, said there had been no denial of the claims by Dr Joyce that Mr Bradley had smelt of alcohol during committee hearings.
He said Dr Joyce had not acted precipitously in bringing these proceedings, he had sat through 40 days of hearings and smelt alcohol "time and again" from the chairman. He had chosen to act because, as he was just about to start his defence, the chairman, with no explanations, "goes missing".
"Would this be good enough to determine the career of a senior counsel?" Mr Finlay asked. "I say no and if it's no, the balance is in favour of Dr Joyce."
He said Dr Joyce's entire career was on the line and justice and fair procedures must be met. He was "not prepared to be judged by these standards".
In proceedings against the Minister for Health and the committee heard by Mr Justice O'Neill yesterday, Dr Joyce is seeking a number of reliefs, including a declaration that the defendants have failed to ensure the proper operation of a committee under the Health Act 1970 and failed to guarantee fair procedures to Dr Joyce. The committee was appointed by the Minister for Health.
Dr Joyce also wants an injunction terminating his suspension, which has been in effect from August 18th 2003.
Mr Justice O'Neill said he hoped to give judgment tomorrow.
The Minister and committee have argued that the application is premature and the matter should properly be brought as an application for leave to take judicial review proceedings.
They say there is no allegation concerning the competence of the chairman and that the other members of the committee have expressed confidence in Mr Bradley and have said they believed he was perfectly capable of conducting its affairs.
As the committee had already sat for 40 days and had about two weeks left to sit, Mr James Connolly SC, for the defendants, urged Mr Justice O'Neill yesterday to allow it complete its inquiry. Dr Joyce would have the opportunity to take any proceedings he wished when the inquiry was complete, counsel said.
Counsel also noted that the committee had adjourned its next hearing to August 11th and, if there was to be a full hearing of proceedings, it might decide to further adjourn pending the outcome of those.
The proceedings arise from problems within the surgical department at Cavan General Hospital. Both Dr Joyce and another surgeon, Dr Pawan Rajpal have been suspended pending the outcome of inquiries. The committee chaired by Mr Bradley is the third committee appointed to date.
In an affidavit, Mr David Maguire, an assistant principal officer in the Department of Health, said Dr Joyce had attended before the committee for some 40 days of hearings and, until these matters were raised, had made no complaint as to the fairness or appropriateness of its procedures.
He said it was clear that Dr Joyce makes no allegation regarding the performance of the committee and was seeking to stop the committee at this very late stage on the basis of allegations of inappropriate conduct by the chairman.
Mr Maguire said he believed there was no evidence available to warrant the "extreme action" sought by Dr Joyce. He added it would be inappropriate to engage on the appropriateness or merits of the case advanced by Dr Joyce.