Sacked doctor gets Nisi Order against Medical Council
By George Barclay
February 6, 2004
REGISTERED medical practitioner Dr. John Austin, who the Medical Council of Guyana had stopped from practising general and specialist surgery because of alleged professional misconduct, has been temporarily given the green light to continue his practice.
This was as a result of an application by the doctor for a Writ of Certiorari and a Writ of Prohibition, which were issued by attorney-at-law Mr. Winston Murray, and heard by Justice Dawn Gregory-Barnes on Wednesday.
Following allegations of misconduct, relative to the death of Omesh Naul, a former patient of Dr Austin, the Medical Council decided to take disciplinary action him.
After hearing arguments from Mr. Winston Murray, and reading affidavits pertaining to the ex parte application, Justice Gregory-Barnes granted the applicant:-
An Order or rule Nisi of Certiorari directed to the Medical Council of Guyana to bring up to this Honourable Court and to show cause why its decision made on or about the 23rd January, 2004, purporting to withdraw from the applicant all privileges to practise surgery both at the general and specialist levels should not be quashed in that the said decision was made unfairly, unlawfully, unreasonably, in breach of the rules of natural justice and in contravention of the provisions of the Medical Practitioners Act, 1991 and is therefore null and void and of no legal effect.
An order or rule Nisi of Prohibition directed to the Medical Council of Guyana prohibiting the said Medical Council from notifying the Registrar of the Royal College of Physicians and Surgeons, Ireland, or any such body, of the said Councilís decision to withdraw from the applicant all privileges to practise surgery both at the general and specialist levels.
Further hearing was adjourned to March 3, 2004 when the Medical Council is expected to appear in Court and apply for leave to file an affidavit in answer.