Medical Practitioners Disciplinary Tribunal

Precis

	Decision No:	99/55C
	Practitioner:	Dr Morgan Francis Fahey
	Charge Characteristics:
	Additional Orders:	Doctor denied application for interim name suppression: 9955chearpriminlaw Decision appealed to District Court. Court upheld the Decision Fahey v MPDT et al (High Court, Wellington, CP 274/99, 11 February 2000, McGechan J) Complainants granted interim name suppression: 9955chearpriminlaw Complainants granted permanent name suppression: 9955cfindings Interim suspension of registration: 9955chearpriminlaw Hearing of charges stayed pending determination of criminal charges: 9955chearpriminlaw Interim order that details of charges suppressed: 9955chearpriminlaw
	Charges Withdrawn:	Application by CAC granted: 9955cfindings

Charge:

The Complaints Assessment Committee applied to withdraw all nine charges against Dr Fahey. The Tribunal found it was not necessary to withdraw seven of the charges as they had been determined by the charge against Dr Fahey based on his convictions (see 00/64C). The Tribunal found the process relating to those seven charges was spent.

In respect of the two charges that were not related to the substance of the convictions, they were not spent and could proceed to a hearing.

However, the Tribunal directed that they be withdrawn. The Tribunal accepted that there was no public interest in proceeding with the charges for the following reasons:

Dr Fahey has been convicted of disciplinary offences involving the most serious sexual offending.
The circumstances of the offending including the premeditated exploitation of vulnerability in patients, and Dr Fahey's failure to respond to the detection of the offending appropriately are a matter of public record. Those circumstances prompted the Tribunal to recommend that Dr Fahey's character is such that he should never practise medicine again.
It is frequently, and inevitably, a painful and distressing experience for victims of sexual offending to give evidence before the Tribunal.