THE Court of Appeal has overturned a High Court ruling that had quashed disciplinary findings and lifted the suspension of a dentist for allegedly breaching the Dental Council’s regulations and advisories against advertising, ordering the case back to a newly constituted appeal tribunal for a full rehearing.

Justices of Appeal Charmaine Pemberton, Mira Dean-Armorer and Carla Brown-Antoine found that Justice Carol Gobin, as the appeal tribunal, failed to conduct the matter as a true rehearing, as required under Section 37 of the Dental Profession Act and Part 60.8 of the Civil Proceedings Rules (CPR).

Pemberton, who wrote the unanimous judgment, said this failure prevented the proper testing of evidence, including through cross-examination, and rendered the earlier decision “plainly wrong.”