Dental centre ordered to enter defence
KUALA LUMPUR: The Imperial Dental Specialist Centre Sdn Bhd, which was charged with nine counts pertaining to the death of Syed Alman Zain Syed Alwi, was yesterday ordered to enter defence into five of the nine charges.
Sessions Court Judge Harmi Thamri Mohamad @ Shaharuddin made the decision after finding that the prosecution, which had called 13 witnesses at the trial which began on Feb 21, 2017, had proven a prima facie case against the centre.
The court ordered Dr Wong Yen Ling, who represented the centre as its director, to enter defence for the second, third, sixth, seventh and eighth charges, while the centre was acquitted and discharged of the first, fourth, fifth and ninth charges after finding that the prosecution failed to prove a prima facie case.
On the second count, the centre, as a licence holder, was alleged to have failed to ensure that Noor Azima Muhamad Nuwi, 26, was qualified to conduct an orthopantomogram on Syed Alman Zain, who was the son-in-law of Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi.
For the third count, the centre, as a licence holder, was charged with failing to keep and maintain an ‘Employee’s Register’.
On the sixth count, the centre was charged with failing to provide the necessary measures to save Syed Alman Zain’s life, namely by not providing oxygen.
For the seventh count, the centre was charged with failing to submit to the University Malaya Medical Centre (UMMC) – which received the patient under emergency transfer – a copy of all the patient’s medical records required under Section 31 (1) (d) of the Private Healthcare Facilities and Services Act 1998.
While for the eighth count, the centre was charged with failing to take adequate steps to protect healthcare professionals and the clinic’s environment against biological hazards, as required under Rule 49 (5) of the Private Healthcare Facilities & Services (Private Hospitals and Other Private Healthcare Facilities) Regulations 2006.
Meanwhile, the centre was acquitted of four counts pertaining to the administering of anaesthesia and drug labelling.
All the acts were allegedly committed at a clinic located on Jalan Telawi, Bangsar Baru, Brickfields, here, between 6 pm and 9.05 pm, May 26 to June 2, 2016.
Seven counts were filed under Section 31 (4), 39 (2), 40 (4) and 117 (2)(b)(i) of the Private Healthcare Facilities and Services Act 1998, which provides for a fine ranging between RM30,000 and RM300,000, upon conviction.
Two other counts were filed under Regulation 49 (7) and 245 (6) of the Private Healthcare Facilities & Services (Private Hospitals and Other Private Healthcare Facilities) Regulations 2006, which provides for a fine of up to RM10,000, or three months’ jail, or both, upon conviction.
DPPs Jaizah Jaafar Sidek and Nadia Zulkefli prosecuted, while the centre was represented by lawyer P. Sreekant. The court fixed April 10 for case management and to set a date for the accused to enter defence.
Syed Alman Zain, husband of Datuk Nurulhidayah – the eldest daughter of Ahmad Zahid, – reportedly became unconscious while undergoing treatment at the dental centre, and was referred to UMMC before being confirmed dead.