A DOCTOR was refused leave by the High Court yesterday to seek judicial review of a decision of the Medical Council's Fitness to Practise Committee to hold an inquiry in private into allegations of professional misconduct against him.
The application was made on behalf of Dr James M. Barry, of Glanmire, Co Cork, who, it was, stated, wanted the inquiry to be held in public. The inquiry, which is being held under Part V of the Medical Practitioners Act, began in private on November 11th.
The court was told three people had indicated they were not prepared to attend the inquiry for various reasons.
Mr Justice Geoghegan said that he had come to the firm conclusion that he ought not to grant leave to seek judicial review.
The judge said he was satisfied that nowhere in the Act was it mandatory that the proceedings should be heard in public. The committee had given a reasoned decision as to why it was not permitting the hearing to be held in public.
It seemed that if there was discretion under the Act as to whether it should be in private or public, under the Act it was beyond argument that the discretion was exercised properly, having, regard to the general nature of the case and the reasons given.
Earlier Mr John White SC, for Dr Barry, said the great advantage of a public hearing was that the proceedings took a certain course when they were in public. The Act was silent on whether an inquiry should be in public or in private.