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Mushfiq Ahmad v Medical Council of New Zealand [2016] NZDC 21788

Published 09 March 2017

Appeal from decision of Medical Council — interim suspension — Health Practitioners Competence Assurance Act 2003, ss 69 and 106 — Evidence Act 2006, s 47. A s 106 appeal from a decision of the Medical Council to suspend the appellant's practising certificate on an interim basis under s 69(2)(a) was dismissed. The appellant had been convicted on six charges of indecent assault against female patients during separate medical examinations. The Judge stated that the convictions were conclusive proof of the offending, and an appeal being made did not change that position (Evidence Act, s 47). The principal factor was the need to protect the safety of the public which included the maintenance of professional standards. Due to the nature of the offending, voluntary conditions could not mitigate the risk. Interim suspension was appropriate. Judgment Date: 28 November 2016.

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