An American doctor who has been providing a controversial light therapy for cancer patients in the mid-west is to be prosecuted for using private houses as his clinic.
Tipperary North County Council has confirmed that Dr William Porter will be prosecuted under the Planning and Development Act for allegedly using a premises for commercial purposes which only has planning permission to be used as a private dwelling.
A spokeswoman for the council told The Irish Times that Dr Porter was initially served with a warning letter in December 2003 in relation to carrying on a business from two houses at 28 and 29 Marina Village, Ballina, Co Tipperary.
He was given four weeks to comply with the planning regulations and when he failed to do so, he was served with an enforcement notice by the council ordering him to cease use of the houses for commercial purposes in April 2004, she said.
The council spokeswoman said that a site inspection some time after the enforcement notice was served indicated he had not complied with the notice and he would therefore be prosecuted.
"We have referred it to our solicitors to prosecute him for non-compliance with the notice," she said.
Dr Porter's premises at Marina Village is across the Shannon from Killaloe in Co Clare where he had worked closely for some time with local GP Dr Paschal Carmody, who was recently struck off the medical register for professional misconduct.
Dr Porter has also been struck off for gross negligence in California and is not registered to practise medicine here.
However there is nothing to stop him or Dr Carmody practising alternative medicine.
His provision of cytoluminescent therapy or CLT to cancer patients, even those with advanced disease, for fees of up to €20,000 per patient, has proved controversial.
A review of some 48 patients treated by him in late 2002 and early 2003 found 17 of the patients had died within six months and many suffered after-effects.
On the basis of that review, the Medical Council asked the Garda Síochána to investigate.
Dr Porter has claimed the treatment has advanced since the review was carried out and that the review was biased.
He said gardaí were welcome to visit and see for themselves the work he was doing with cancer patients.
He did not return calls from this newspaper this week in relation to the prosecution being brought against him by the local authority.
It is understood residents in Marina Village had complained about the fact that his houses were being used to carry on a business, disturbing their privacy and resulting in a constant stream of cars coming and going.