Removal of doctor’s name from medical register challenged--
Full Court gives Dr Sinclair an opportunity to tell his story
By George Barclay
Guyana Chronicle
August 27, 2003
DOCTOR Nelson Sinclair claimed that his name was removed from the Medical Practitioners Register by the Medical Council of Guyana for alleged misconduct. He said he was not given an opportunity to tell his side of the story about how his abortion patient, Parbattie Dookhie, 29, came to her death.
But the doctor breathed a sigh of relief yesterday when the Full Court of the Supreme Court of Judicature gave him the right he wanted by directing a re-hearing of the Medical Council.
On May 29, 2001, Dookhie, of Cumberland Village, East Canje, Berbice, it is alleged, went to Sinclair’s New Amsterdam surgery to have an abortion. After reportedly seeing the doctor, the woman was taken to the New Amsterdam Hospital where she died.
One version of the incident says that Dookhie died at the doctor’s surgery.
Mr. Jiasheema Bridgelall, the husband of the dead woman, reported the matter to the then Medical Council of Guyana, of which the Chairman was Dr. Walter Ramsahoye.
The Secretary of the Medical Council summoned Dr Sinclair to appear before the Council at 2 p.m. on December 19, 2001 in the Campbell Room of the Georgetown Club, Camp Street, Georgetown. The doctor was warned that should he fail to appear for the hearing, the Council would proceed to hear the complaint in his absence.
Sinclair said that he had requested an adjournment because his lawyer had been otherwise engaged on that date. But the then Medical Council proceeded to hear the complaint in Sinclair’s absence. The Council then decided that Sinclair’s name should be removed from the Medical Practitioners Register for misconduct.
Dr. Ramsahoye, in his affidavit in answer, said that Dr Sinclair had refused to answer letters relative to the complaint and did not attend the hearing of the Council.
He also said that the originating summons by the doctor was malicious and an abuse of the process of the Court.
Counsel for the applicant Mr. Khemraj Ramjattan pointed out that since then, a new Medical Council of Guyana had come into being and was willing to give the doctor a hearing provided he withdraws his appeal and summons.
But, counsel for the applicant said, despite this assurance, Justice Winston Moore, who heard the matter in Chambers, dismissed the matter with $15,000 costs to the respondent.
Following an undertaking given by the new Medical Council of Guyana, which is chaired by Dr. M.Y. Bacchus, that the Council would give the doctor a re-hearing if the judge’s order was reversed on appeal, Mr. Ramjattan appealed to the Full Court.
The Full Court constituted by Acting Chancellor and Chief Justice Mr. Carl Singh and Justice Mr. B.S. Roy, heard the matter yesterday at which the doctor gave the undertaking that he would withdraw his summons and appeal.
The grounds of appeal were: That his Honour Justice Winston Moore was without jurisdiction to dismiss the substantive appeal before him, when the Application (by summons) was for leave to discontinue and withdraw the said Appeal.
It was also submitted that His Honour Justice Winston Moore did not exercise his discretion lawfully and judicially, taking into account the relevant principles of law before determining the question as to whether the application for leave to withdraw and discontinue should be dismissed.
Yesterday, the Full Court directed a re-hearing by the Medical Council of the complaint against the appellant.