Judgment reserved on GP's challenge

The High Court has reserved judgment on a challenge by a doctor aimed at preventing a Medical Council inquiry into alleged misconduct…

The High Court has reserved judgment on a challenge by a doctor aimed at preventing a Medical Council inquiry into alleged misconduct arising from allegations that he sexually assaulted a woman patient and a young male.

The doctor wants an order quashing the proposed inquiry by the council's Fitness to Practise Committee, which was due to take place last May.

The claims concern separate allegations of sexual assault of a woman patient and a second alleged victim whom, Mr Justice Paul Gilligan said, should be referred to as "a male person".

The committee held a meeting in June 2006 to consider the allegations but the doctor brought judicial review proceedings which failed in the High Court and failed again, on appeal, to the Supreme Court.

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The doctor's lawyers argued that in deciding there was a prima facie case for holding an inquiry on the first occasion (June 2006), the committee had incorrectly taken into account an allegation that the doctor had sexually assaulted the male and had carried out examinations of a sexual nature on him between 1991 and 2002.

Allegations had been made as far back as 2003 but the council did not proceed with an inquiry because of a pending Garda investigation, the court heard.

A Garda inquiry relating to allegations concerning the male was carried out and the DPP had later stated no prosecution was being taken.

The committee started a fresh inquiry on May 8th last but the doctor initiated this second challenge, arguing the proposed inquiry was biased.

Final legal submissions were made yesterday by lawyers representing both sides and Mr Justice Gilligan reserved judgment.