The Court of Appeal has overturned a High Court decision that had dismissed disciplinary findings and lifted the suspension of Dr. Dion Koonoolal, a dentist accused of violating the Dental Council’s advertising regulations. The case has been remitted to a newly constituted appeal tribunal for a full rehearing. Justices Charmaine Pemberton, Mira Dean-Armorer, and Carla Brown-Antoine ruled that Justice Carol Gobin, acting as the appeal tribunal, failed to conduct the case as a true rehearing, as mandated by Section 37 of the Dental Profession Act and Part 60.8 of the Civil Proceedings Rules (CPR).
Justice Pemberton, who authored the unanimous judgment, stated that this procedural lapse prevented the proper examination of evidence, including cross-examination, rendering the earlier decision “plainly wrong.” She emphasized that the appeal judge did not ensure all necessary evidence was presented, relying instead on statements from counsel and personal opinions. This approach, the court found, led to factual errors and an incorrect dismissal of the Dental Council’s statutory role as the profession’s primary regulator.
The Court of Appeal underscored the importance of appellate courts respecting the expertise of professional disciplinary bodies, particularly in specialized fields. It concluded that the High Court had undermined the role Parliament intended for the Dental Council in maintaining professional standards. While Dr. Koonoolal had challenged the fairness of the disciplinary process, the court declined to rule on these issues, noting they were not properly examined during the initial appeal.
The court also clarified that the regulatory framework explicitly prohibits unauthorized advertising by dentists, subject to specific exceptions. It rejected any interpretation suggesting ambiguity in the law, stating that the policy documents complement rather than contradict the legislative provisions. The court emphasized that debates about modernizing professional codes should not interfere with judicial obligations to base decisions on evidence and legal frameworks.
The appeal was allowed, the High Court’s decision was set aside, and the case was ordered to be reheard by a different tribunal. Dr. Koonoolal was also directed to pay the Dental Council’s legal costs. The Dental Council was represented by Ian Benjamin, SC, Anil Maraj, and Nicole de Verteuil-Milne, while Dr. Koonoolal was represented by Anand Ramlogal, SC, and Jared Jagroo.