Doctor loses bid to delay appeal after being struck off for false declarations

Seán McCárthaigh

A non-consultant hospital doctor who is due to have his registration as a medical practitioner cancelled is not entitled to an extension of time to appeal the decision to strike him off, the High Court has ruled.

Dr Mohamed Akasha had sought an extension of the 21-day time limit in which to appeal against any sanction proposed by the Medical Council, which has to be confirmed by the High Court to take effect.

The application was opposed by the Medical Council which stated that the time limit imposed by the Medical Practitioners Act 2007 is absolute.

Counsel for the Medical Council, Eoghan O’Sullivan, said it was clear from the language of the legislation that the Oireachtas intended that the 21-day time limit to appeal against any sanction was absolute.

In his ruling, Judge Micheál O’Higgins said the language of the relevant section in the Medical Practitioners Act 2007 was “clear and unambiguous” and precluded the courts from extending the time limit.

Judge O’Higgins said the legislation “imposes an absolute time limit that is not capable of being extended.”

Dr Akasha, a native of Sudan, was found guilty of professional misconduct and breaching the Medical Practitioners Act 2007 at a fitness-to-practise inquiry of the Medical Council in October 2024.

The findings related to his failure to notify the regulatory body that he had been refused registration by its UK counterpart due to his repeated failure to pass an exam to test his medical competence.

Evidence was heard that Dr Akasha had made false declarations to the Medical Council in annual registration renewal forms for 2019 and 2020.

The Medical Council subsequently decided to cancel the doctor’s registration in December 2024 as a measure to ensure the protection of the public, uphold professional standards and maintain public confidence in the profession.

It said the inquiry had made serious findings of dishonesty on Dr Akasha's part and noted that the most significant issue was his lack of insight, although he had offered an apology.

The Medical Council also pointed out that he had blamed his ex-wife and her new partner for incorrect entries on his annual retention application form.

In his application for an extension of the time limit, Dr Akasha said he came to Ireland in 2013 and worked in over 20 different hospitals throughout the country.

The plaintiff said he built up a strong reputation among other medical staff and that he sacrificed his life and those of his family members by working during the Covid-19 pandemic, despite a serious illness.

Dr Akasha maintained that his former wife was responsible for incorrect entries in forms submitted in his name to the Medical Council.

He claimed he was unable to lodge an appeal against the proposed cancellation of his registration as a medical practitioner because he was bedridden in 2024 from the flaring up of a rare autoimmune disease, pemphigus vulgaris, that he first developed in 2020, which causes bleeding and blistering all over the body.

Dr Akasha argued that justice required the court to exercise its discretion to grant him an extension of time to appeal.

He claimed he had phoned the Medical Council’s solicitors in December 2024 about the appeal process but got no response – a claim which was disputed.

Rejecting his application, Judge O’Higgins noted that the doctor could still make submissions opposing the application by the Medical Council to cancel his registration.

As part of a pilot project BreakingNews.ie has used AI to suggest headline options for this article. The final headline was chosen and edited by BreakingNews.ie journalists. Find out more