JOSEPH A/L ANTHONY 1. ) MAJLIS PERUBATAN MALAYSIA 2. ) MUHAMMAD ARIF BIN MUHAMAD RASAT

JOSEPH A/L ANTHONY 1. ) MAJLIS PERUBATAN MALAYSIA 2. ) MUHAMMAD ARIF BIN MUHAMAD RASAT

Applicant waived any complaint about late admission of the SOP by failing to object at the Inquiry; under the Medical Regulations the MMC properly framed a single comprehensive charge despite PIC recommendations; there was no evidence of bias or compromise of objectivity and no Wednesbury unreasonableness or Anisminic error in the MMC's decision; accordingly the judicial review application is dismissed.

Citation
WA-25-380-12/2020 (Mahkamah Tinggi)
Parties
Applicant: JOSEPH A/L ANTHONY; Respondent 1: MAJLIS PERUBATAN MALAYSIA; Respondent 2: MUHAMMAD ARIF BIN MUHAMAD RASAT
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 April 2022
Case Number
WA-25-380-12/2020 (Mahkamah Tinggi)
Procedural Posture
Judicial Review (certiorari and Mandamus) / Determination on Application (hearing Concluded)
Outcome
Application for judicial review dismissed
Legal Topics
Natural Justice, Wednesbury Unreasonableness, Anisminic Error, Professional Conduct and Disciplinary Charging, Procedural Fairness in Inquiries
Source Language
Malay/English
Administrative Law Medical Negligence Professional Disciplinary Proceedings Judicial Review Natural Justice Wednesbury Unreasonableness Anisminic Error Professional Conduct and Disciplinary Charging +1 more

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Parties

JOSEPH A/L ANTHONY

Applicant

MAJLIS PERUBATAN MALAYSIA

Respondent 1

MUHAMMAD ARIF BIN MUHAMAD RASAT

Respondent 2

Procedural Posture

Judicial Review (certiorari and Mandamus) / Determination on Application (hearing Concluded)

Legal Issues

  1. 1 Whether admission of a late-disclosed SOP without allowing cross-examination breached natural justice
  2. 2 Whether the MMC's decision to reduce five recommended charges to a single charge was irrational or Wednesbury unreasonable
  3. 3 Whether the 2nd respondent's relationship with the deceased compromised impartiality

Ratio Decidendi

Applicant waived any complaint about late admission of the SOP by failing to object at the Inquiry; under the Medical Regulations the MMC properly framed a single comprehensive charge despite PIC recommendations; there was no evidence of bias or compromise of objectivity and no Wednesbury unreasonableness or Anisminic error in the MMC's decision; accordingly the judicial review application is dismissed.

Court Disposition

Application for judicial review dismissed

Orders

  • Application dismissed
  • No order as to costs