KUALA LUMPUR: A dentist yesterday won an appeal to quash the Malaysian Dental Council’s decision to order him to go for training after finding him guilty of conduct unbecoming of his profession.
High Court Judge Datuk Zaleha Yusof allowed Dr Mathew Sebastian’s appeal after ruling that there was an element of bias in the case.
Zaleha held that the council did not produce the complaint letter and the complaint by the housewife, who was Dr Sebastian’s patient, was also inaccurate.
The court ordered the council to pay RM500 in costs to Dr Sebastian.
He had appealed against the council’s decision on May 7 which found him guilty of conduct unbecoming in a profession and ordered him to go for six months training.
In his originating summons filed on June 5, the dentist claimed the council made the ruling in an inquiry held after the housewife lodged a complaint to the council against him.
Dr Sebastian,63, said that the council had erred in law and fact in issuing the order.
The complaint against him was for allegedly performing dental treatment related to ‘laser, crown and bridge’ without obtaining the housewife’s prior consent.
The charge under Section 32(2)(b) of the Dental Act 1971 was for unprofessional conduct and punishable under Section 33 of the Act.
Dr Sebastian was represented by counsel Qeemnoor Zahreen Zazanee Muhamad Noh while the Malaysian Dental Council was represented by counsel Lee Sok Wah. — Bernama