‘In­spec­tion car­ried out on clinic legally sound’

New Straits Times - - News / Courts -

KUALA LUMPUR: The in­spec­tion on a den­tal clinic where Deputy Prime Min­is­ter Datuk Seri Dr Ah­mad Zahid Hamidi’s son-in-law died while re­ceiv­ing treat­ment last year was car­ried out un­der Sec­tion 88 of the Pri­vate Health­care Fa­cil­i­ties and Ser­vices Act 1998, the Ses­sions Court heard yes­ter­day.

Health Min­is­ter’s Of­fice prin­ci­pal as­sis­tant di­rec­tor Dr Mo­hamed Ah­san Mo­hamed Is­mail, who led a group in the in­ves­ti­ga­tion team, said they had only ex­er­cised the power of in­spec­tor to en­ter and in­spect Im­pe­rial Den­tal Spe­cial­ist Cen­tre in Bangsar pro­vided in the sec­tion un­der Part 16 of the act.

“We were not there to con­duct a raid, but to ob­tain in­for­ma­tion on the case of a pa­tient who died there dur­ing treat­ment,” the wit­ness said while be­ing cross-ex­am­ined by de­fence coun­sel Sreekant Pil­lai.

The third pros­e­cu­tion wit­ness was tes­ti­fy­ing on the sec­ond day of the trial of the clinic, which was charged with nine counts re­lat­ing to Datuk Syed Alman Zain Syed Alwi’s death.

Dr Ah­san also tes­ti­fied that the of­fi­cers in the in­ves­ti­ga­tion team, which was di­vided into groups A, B and C, did not seize any sam­ple, med­i­ca­tion or doc­u­ment from the clinic, but only took pic­tures of them.

“We also used the power un­der Sec­tion 88 to get state­ments from the staff and ex­am­ine the place for in­spec­tion pur­poses.”

When asked by Sreekant on the re­ports that he pre­pared for the case, Dr Ah­san said he handed a pre­lim­i­nary re­port on June 3 last year and a full re­port be­tween June 19 and 20 last year to Pu­tra­jaya Pri­vate Med­i­cal Prac­tice Con­trol Sec­tion (CKAPS) in­ves­ti­ga­tion of­fi­cer Dr Siti Khadi­jah Hawari.

Sreekant: Did you make any more vis­its to the premises be­fore hand­ing over the full re­port?

Dr Ah­san: No, the only visit was on June 2, 2016.

Sreekant: Do you agree that if you had ex­er­cised the full power un­der Part 16 from Sec­tion 87 (ap­point­ment of in­spec­tors) to

Sec­tion 98 (Pro­duc­tion of of­fi­cial iden­ti­fi­ca­tion card or badge), you could have ob­tained the doc­u­ments and get a com­plete pic­ture to pro­duce a com­plete re­port? Dr Ah­san: I do not agree.

Sreekant: You said you could ob­tain the doc­u­ments if you ex­er­cise the full power un­der Part 16 to seize it?

Dr Ah­san: Yes, but I did not use


Sreekant: I’m putting to you that your full re­port is not com­plete as you did not ex­er­cise full power un­der Part 16?

Dr Ah­san: I do not agree. Dur­ing re-ex­am­i­na­tion by deputy pub­lic pros­e­cu­tor Jaizah Jaa­far Sidek, Dr Ah­san said the in­for­ma­tion and pho­to­graphs from the premises dur­ing their in­spec­tion on June 2 was suf­fi­cient in pro­duc­ing a com­plete re­port.

Trial con­tin­ues to­mor­row be­fore judge Harmi Thamri Mo­hamad @ Shahrudin.

On Mon­day, the court was told that the in­ves­ti­ga­tion team formed to in­ves­ti­gate Im­pe­rial Den­tal Spe­cial­ist Cen­tre was di­vided into three groups — A, B, and C — each with dif­fer­ent tasks.

Group A was tasked with in­ter­view­ing the staff involved in the pa­tient’s treat­ment and check­ing the doc­u­ments involved. Group B was tasked with check­ing the equip­ment and emer­gency med­i­ca­tion used for the pa­tient’s treat­ment, while group C had to check the sta­tus of the premises and ex­am­ine its floor plan.

Dr Ah­san had told the court on Mon­day that 13 per­son­nel from CKAPS, the Med­i­cal Prac­tice Con­trol Unit and a den­tal surgery spe­cial­ist from Sun­gai Bu­loh Hos­pi­tal were involved.

On Aug 12 last year, the clinic was charged with nine counts, in­clud­ing pur­port­edly al­low­ing Dr Ting Teck Chin, who is not a qual­i­fied anaes­the­si­ol­o­gist, to ad­min­is­ter anaes­the­sia on Syed Alman.

Syed Alman, 44, died dur­ing den­tal surgery at the den­tal clinic on June 1 last year.

Dr Ting, 36, was charged sep­a­rately with caus­ing the death of Syed Alman while un­der­go­ing den­tal treat­ment.

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