Neurosurgeon fights to quash disciplinary hearing

Neurosurgeon Dr Roger Hunter has been granted leave by the Supreme Court to seek judicial review of disciplinary proceedings against him by the Medical Council of Jamaica, which he wants quashed on grounds of bias and improper constitution.

Justice Sonia Wint-Blair granted the leave on Monday, allowing Hunter to challenge the legality of the proceedings and the composition of the Council hearing his matter.

Hunter is seeking an order of certiorari quashing the proceedings on the basis of the Council’s current composition and the participation of King’s Counsel (KC) Ransford Braham.

Hunter is challenging Braham’s participation, arguing that the attorney is not a gazetted member of the Medical Council and, therefore, should not be participating in the proceedings.

He is asking the court to declare Braham’s involvement unlawful, null and void, and to quash any proceedings in which the attorney has participated.

Hunter is also challenging the participation of members of the Council who, he says, presided over an earlier disciplinary matter involving him in 2025.

Hunter identifies the Council as comprising Dr Earle Wright, Dr Winston De La Haye, Dr Jean Williams-Johnson, Dr Althea Aquart-Stewart, Professor Kent Pantry, Beverley Cole and Braham.

Hunter alleges that the earlier hearing was conducted without his knowledge or service and resulted in him being found guilty and suspended from practice for one year.

He argues that the involvement of those same members in the current proceedings creates an appearance of bias and makes them ineligible to hear the latest complaint.

Consequently, Hunter wants a declaration that the present composition of the Medical Council of Jamaica, inquiring into the disciplinary hearing against the applicant, is unlawful, null and void and of no effect.

The neurosurgeon is also contending that Braham has played an active role in the present proceedings, including marshalling evidence, raising objections and advising the Council on how the hearing should be conducted.

He contends that this is contrary to Section 3(2) of the Medical Act, which governs the composition of the Medical Council.

Hunter is also relying on Section 16(2) of the Charter of Fundamental Rights and Freedoms, arguing that his right to a hearing before a properly constituted body has been compromised.

The current disciplinary proceedings stem from a complaint made by Orville Barrington Henriques to the Council.

Hunter, however, is denying the allegations and maintains that he successfully performed a complex keyhole spinal surgery on Henriques, relieving what he describes as the complainant’s severe pain.

According to the affidavit, the procedure cost $15.2 million, but the complainant paid $10.2 million towards the total fee and has refused to pay the outstanding balance of $5 million.

Hunter says Henriques subsequently alleged that the surgery had been performed without an anaesthetist or nurse being present, despite those elements allegedly forming part of the agreement.

According to Hunter, as a result of the complaint, he was summoned by the Council to attend an initial disciplinary hearing by Zoom in June 2025, where he was represented, but later retained Hugh Wildman & Company.

The Council resumed the matter on January 21, 2026, when evidence was taken from Henriques.

However, Hunter, through his attorney, has embarked on a legal challenge to end the disciplinary hearing.

He is also seeking costs and any further relief the court considers appropriate.

Meanwhile, the Medical Appeals Tribunal in April set aside Hunter’s suspension, just under a year after it was imposed by the Medical Council of Jamaica in May 2025.

The three-member panel of Ambassador Kathryn Phipps, Dr Norda Clare-Pascoe and Chantal Simpson ordered that Hunter’s practising certificate be restored.

The Medical Council, through Braham, conceded that the appeal should be allowed but requested that the disciplinary proceedings be retried.

The Medical Council had accused Hunter of professional misconduct when it suspended his licence.

tanesha.mundle@gleanerjm.com