A ruling on notice is expected to be delivered by the Fiji Court of Appeal in relation to Sachida Mudaliar who is appealing against the decision to remove his name from medical practitioners.
In 2006, Mudaliar was sentenced to three years imprisonment for performing an illegal abortion and manslaughter which led to the death of a woman.
While serving his prison term, Dr Mudaliar was handed a letter stating that his name was removed from the register of medical practitioners because of his criminal conviction and for serious professional misconduct.
Two years later, the Supreme Court of Fiji quashed the conviction of manslaughter and set aside the sentence.
There was no conviction recorded against him following which he informed the Fiji Medical Council that he intended to resume medical practice.
However he was informed that his name has been removed from the register and that since he has not appealed the decision, he will
need to re-apply.
Dr Mudaliar resumed his practice in 2009 and has not applied for registration.
His lawyer, Ritesh Naidu informed the Court of Appeal Judges that they seek an order that the council decision be set aside.
However, Fiji Medical Council lawyer informed the court that a new Medical Practitioners Decree is now in effect which has a new structure with new members.
He also informed the court that prior to the decree, practitioners became lifelong members however medical practitioners now need to register annually to get a
Certificate.
Story by: Praneeta Prakash
