S.L. 464.20 Art. 18Disciplinary proceedings.

The disciplinary proceedings shall assume the following order unless the Disciplinary Committee deems it necessary to proceed otherwise:

(a) witnesses in support of the allegations shall be produced and examined by the relevant Council and cross-examined by the health care professional concerned, thereafter any committee member shall be at liberty to put questions as he may deem necessary to the witnesses;

(b) witnesses in defence, including the health care professional concerned shall be heard. Such witnesses shall be examined by the health care professional concerned and cross-examined by the relevant Council, thereafter any committee member shall be at liberty to put questions as he may deem necessary to the witnesses;

(c) when the evidence has been concluded, the relevant Council shall be given the opportunity to address the Disciplinary Committee and make its case on the evidence provided and subsequently, the health care professional concerned shall address the said Disciplinary Committee and make his defence:

Provided that the Disciplinary Committee may direct the parties to submit written submissions to make their case;

(d) the Disciplinary Committee shall subsequently consider the evidence produced and the submissions filed by both parties to determine whether the case against the health care professional concerned has, on a balance of probability:

(i) been fully proven;

(ii) only been partially proven; or

(iii) been disproved;

(e) The Disciplinary Committee shall give its decision on that day or on any other day, but in any case within not more than one (1) year from the filing of the application by the relevant Council in accordance with regulation 11 and no adjournment beyond the said period of one (1) year shall be permitted except for exceptional reasons to be recorded by the Disciplinary Committee.

(f) The Disciplinary Committee shall not be excluded at any stage of the disciplinary proceedings until the decision is delivered, from re-hearing any witness or requesting the production of any additional documents or any additional information:

Provided that the parties shall be given adequate opportunity to re-examine such witness, any additional documents or any additional information so produced and to make their submissions thereon.