The Court of Appeal has dismissed a doctor's challenge against the Medical Council and the State aimed at halting a probe into allegations of professional misconduct.
The action was taken by Dublin-based Dr Samuel Van Eeden, who was the subject of an inquiry by the Council's Fitness to Practise Committee.
The allegations against him include that he had imported unauthorised medicines into the State, as well as the prescription of unauthorised medicines to patients.
The doctor, who has at all times denied any wrongdoing, claimed in High Court proceedings that the Medical Council was not entitled to inquire into matters for which he had already been tried and acquitted of by the District Court.
He had also claimed that provisions of the 2007 Medical Practitioners Act were unconstitutional.
In his action, he sought various declarations and damages aimed at stopping the inquiry from proceeding.
The Medical Council and the State opposed the action.
The High Court had rejected Dr Van Eeden's challenge.
Allegations
In 2021, Mr Justice Michael Twomey ruled that the allegations of professional misconduct as set out in the Medical Council's notice of inquiry were not based on criminal charges of which he had been cleared.
Dr Van Eeden appealed that decision to the Court of Appeal (CoA).
In its judgement, the CoA, comprised of Mr Justice Senan Allen, Mr Justice Robert Haughton and Mr Justice Donald Binchy, dismissed the appeal.
Giving the court’s decision, Mr Justice Allen said the court rejected all grounds of Dr Van Eeden's appeal, adding the High Court's "clear and concise" decision should stand undisturbed.
Mr Justice Allen added that the High Court had not erred in any of its findings and went on to describe the action and the appeal as being "built on sand".
The judge said the CoA could think of no reason why the respondents should not have their legal costs paid by the plaintiff. However, he added that the court would consider submissions from Dr Van Eeden before deciding what final orders should be made in respect of the costs.
The court heard that Dr Van Eeden had been summoned before the Committee in connection with an incident that occurred in 2012 when, on his return from a trip to Bangladesh, medicinal products he allegedly had purchased were found in a bag belonging to his wife at Dublin Airport.
In 2014, the Health Products Regulatory Authority (HPRA) brought charges against Dr Van Eeden, including that he had imported and procured eight medicinal products, in contravention of a specific statutory code regulating medicinal products within the State.
In 2014, Dr Van Eeden, of Nuacell Clinic, Kilronan House, Malahide, Co Dublin, was cleared after all the charges against him were struck out at the District Court.
