Charge Detail Summary

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File Number: Den13/240P
Practitioner: Mwaffak Rabih


Hearing Start Date:

Hearing End Date:

20/11/2013

20/11/2013


Hearing Town/City: Wellington

Hearing Location:

Charge Characteristics:

Sexual misconduct - inappropriate touching (Established)


Professional boundaries breached  
(Established)


Additional Orders:

Name Suppression to Practitioner

Practitioner granted interim name suppression

521Den13240P.pdf


Name Suppression to Complainant and/or Patient and/or client

Complainant granted permanent name suppression

523Den13240P.pdf


Name Suppression to Practitioner

Practitioner declined permanent name suppression

638Den13240P.pdf


Appeal Order:

Name Suppression to Practitioner
Outcome
The Practitioner appealed to the High Court against the lifting of name suppression. The High Court dismissed the appeal. Rabih v a Professional Conduct Committee of the Dental Council [2015] NZHC 1110 [21 May 2015]


Decision:

Substantive Decision 605Den13240P.pdf


Penalty Decision
638Den13240P.pdf


Appeal Decision:

Full Decision
Outcome

The Practitioner appealed to the High Court against the findings of the Tribunal. The High Court dismissed the appeal. (Rabih v a Professional Conduct Committee of the Dental Council [2015] NZHC 1110 [21 May 2015])



Penalty Decision
Outcome

The Practitioner appealed to the High Court against the decision of the Tribunal. The PCC cross-appealed. The High Court dismissed both appeals. Rabih v a Professional Conduct Committee of the Dental Council [2015] NZHC 1110 [21 May 2015]



Precis of Decision:

Charge

On 20-21 November 2013 the Health Practitioners Disciplinary Tribunal considered a charge laid by a Professional Conduct Committee against Dr Mwaffak Rabih, a Dentist of Wellington (the Dentist).

The charge alleged that during the course of a meeting to discuss dental supplies, the Dentist conducted himself inappropriately and in an unprofessional manner.

Finding

Following a defended hearing the Tribunal found that the charge was established and the conduct of the Dentist brought discredit to the dental profession.

Penalty

The Tribunal censured the Dentist, suspended him for 3 months and ordered that he pay costs of $50,000 to be divided equally between the PCC and the Tribunal  The Tribunal also directed publication of its decison and a summary.

The Dentist appealed the Tribunal's finding of professional misconduct, suspension and order of costs.  The PCC cross-appealed against the Tribunal's refusal to impose conditions on the Dentist's practice. The High Court dismissed both appeals.  The suspension and the order for costs stand. (Rabih v Professional Conduct Committee of the Dental Council [2015] NZHC 1110 [21 May 2015])