Medical Council member objects to `proceedings` against him

Mr Justice Anton Depasquale, sitting in the First Hall of the Civil Court, yesterday provisionally upheld an application filed by a member of the Medical Council against the other council members.

Dr Joseph Xuereb asked the court to stop the council members from participating in any investigations or issuing any decision in his regard.

He filed his application for the warrant of prohibitory injunction against council president Judge Victor Caruana Colombo and against members Rev. Prof. Emmanuel Agius, Prof. Godfrey Laferla, Prof. Frederick Fenech, Dr Herbert Messina Ferrante, Dr Conrad Azzopardi, Dr Frederick Zammit Maempel, Dr Frank Vella Bardon, George Buttigieg, Dr Charles Boffa and Dr Carmlino Vella.

Dr Xuereb said he was an elected member of the Medical Council. On February 6 and 7, Drs Conrad Azzopardi, Messina Ferrante and Vella Bardon met with Dr Leonard Harvey in order to discuss the standards of the medical profession in the light of Malta`s application for membership of the European Union.

The meeting had developed into a discussion about the functions of the Medical Council and when Dr Xuereb realised that Dr Harvey was not given a complete picture of the workings of the council he had requested to meet with Dr Harvey himself. The meeting was held on February 7.

Dr Xuereb said it appeared that some members of the Medical Council had objected to this meeting and that proceedings were being taken by the council against Dr Xuereb. Such proceedings amounted to an investigation, Dr Xuereb insisted.

He submitted that in terms of the Medical and Kindred Professions Ordinance and the Ordinance on the Organisation of the Health Department no regulations existed to the effect that the council was empowered to investigate, censure or in any manner discipline any of its own members. It followed therefore that any proceedings taken in his regard were illegal and ultra vires the powers of the council as stipulated by law.

Dr Xuereb asked the court to prohibit the council from conducting any investigation and from giving any decision in his regard.

The court provisionally upheld Dr Xuereb`s application and ordered that the application be served upon the council members who were given two days to file their reply.