The key issue
What is the appropriate disciplinary sanction for practitioners who are found guilty of serious criminal conduct?
The background
The case relates to a doctor (the respondent) found guilty of manslaughter against her husband (the deceased). The respondent obtained registration as a medical practitioner in Sri Lanka in 2008 and met the deceased, who was also a medical practitioner, in 2009 and they married later the following year.
Throughout the course of the relationship, the deceased engaged in sexual relationships with other people and expected the respondent to tolerate and facilitate such behaviour. This distressed the respondent and she attempted to break off the relationship.
The respondent joined the deceased in Australia in November 2011. In November 2012, the deceased struck the respondent twice, once on the back of the head hard causing her to fall to the ground. There were other similar incidents.
In April 2013, the respondent and deceased commenced working together at Geraldton Regional Hospital. At that time, the deceased continued to verbally and physically abuse the respondent and downloaded an increasing amount of pornography (including child exploitation material), some of which he forced the respondent to watch while they had sex.
During a holiday in Sri Lanka in 2014, the deceased arranged for he and the respondent to have sex with an ex-girlfriend of the deceased.
On their return to Australia, they commenced a friendship with a 17-year-old girl (Person A) and, at the direction of the deceased, the respondent inappropriately touched Person A, which she saw as a condition of remaining in the relationship with him.
The respondent believed that the deceased would throw acid on her face if she left him.
On 1 June 2014, the respondent told the deceased she was leaving him as she did not want to remain in a relationship with Person A. The deceased told the respondent that if she left him, there was no point in him staying in Australia. He begged her to remain with him, which she agreed to do.
On 24 June 2014, the respondent used a large, heavy mallet to strike the deceased two or three times, including on his temple area. The respondent intended to cause injury that would be life-threatening. The deceased died from the injuries caused.
At the time she struck the deceased, the respondent believed the deceased would cause harm to Person A.
After pleading not guilty to murder, the respondent was convicted of manslaughter in February 2016 and sentenced to four years imprisonment. She was released on parole in March 2017. The Court of Appeal dismissed the respondent’s appeal against her conviction.
The outcome
The Tribunal found that the respondent behaved in a way that constitutes professional misconduct and disqualified the respondent from applying for registration as a registered health practitioner for 5 years.
The implication
The case confirms the strong view taken by tribunals in relation to serious criminal conduct and how this impacts on the fitness and propriety of practitioners.
The decision in Medical Board of Australia and Liyanage [2019] VR 12 can be read here.
