Dentist gets go-ahead to challenge disciplinary action

The High Court has given a dentist permission to challenge the Dental Council's decision to bring disciplinary proceedings against him for alleged professional misconduct.

The court heard that Dr Jehad Al Sukun, who has practised dentistry at a number of private clinics and hospitals around Ireland since 2008, was shocked when he discovered earlier this month that the Dental Council is considering taking steps to suspend him from working as a dentist.

Today Mr Justice Michael Peart granted Dr Al Sukun of The Willow, Parkview, Stepaside, Dublin 18 permission to bring judicial review proceedings against the Dental Council over its refusal to adjourn a meeting to consider making an application under section 44 of the Dentists Acts 1985 to have him suspended from the Dental Register.

In his proceedings Dr Al Sukun claims that the refusal to grant him an adjournment is a breach of fair procedures, and constitutes a gross breach of his rights. The judge made the matter returnable to later this week.

In an affidavit to the court Dr AL Sukun, born in Palestine, who has British citizenship said that since working in the State he is only aware of one complaint against him. That complaint, was made in October 2009 relating to an extraction treatment he performed some time earlier.

He said that the patient received appropriate care. He said that his work, both here and elsewhere in Europe, is "without blemish" and that he adheres to high standards of patient care.

He said he was shocked to discover earlier this month that the Dental Council convened a meeting to consider suspending from the register. He said that he has not been able to decipher the charges against him, and has not been furnished with a statement of evidence against him.

He said that he is unable to defend himself, and sought an adjournment of the meeting, which was not granted. His solicitor attended the Dental Council meeting, held on April 14 last. When the application for an adjournment was not entertained, his solicitor withdrew.

Two days later Dr Al Sukun was informed that proceedings were being drafted for an application to the High Court to have him suspended from the register. He said that such an order would have a devastating effect on him, and would damage his ability to earn a living.