Doctor admits to ‘gross error’ for issuing medical certificate without examining patient

A Mater Dei doctor who issued medical certificates to a woman suffering from “regular seizures” while out on bail, has today admitted that he issued the certificates without ascertaining the woman’s conditions.

The doctor was summonsed to testify in the compilation of evidence against Alice Mary Regan, an Irish woman who is currently out on bail after being charged with breaching bail conditions after she allegedly “repeatedly failed to sign her bail book in Mosta,” and attend court sittings.

Regan, who the court heard suffers from several seizures and “serious medical issues,” was initially granted bail in a separate case in which she had pleaded not guilty to punching a policeman during an incident in St Julian’s in August 2013.

Defence lawyer Marion Camilleri is arguing that the accused’s failure to sign the bail sheet was justified on account of her serious medical condition, and that doctors had issued medical certificates to exempt her from signing the bail sheet. However, the prosecution, is claiming that these medical certificates were submitted without ascertaining the accused’s medical condition.

It is understood that when Regan signed her bail sheet, she was “arrested for breaching bail conditions.” While in police custody, Regan suffered “repeated harassment and abuse at the hands of the police,” the court heard.

Taking the witness stand, the doctor told the court that he only met Regan on one occasion, and that they had since kept in contact via text messages and emails. Despite meeting her only on occasion, the court heard that nevertheless, the Mater Dei doctor still issued medical certificates to Regan – thereby excusing her from attending court sittings and signing bail sheet.

Asked by Magistrate Claire Stafrace Zammit, the doctor said that he did not ascertain whether Regan was actually suffering from seizures prior to issuing his medical certificates – a practice which he acknowledged as “unethical.”

Instead, the doctor said, he relied on documents provided by Regan – a “gross error” on his part. The doctor also said that he had never witness the accused suffering from serious seizures, but insisted that she had in fact, serious medical issues.

On his part, Dr David Pollina, a lawyer who lives with Regan, told the court that, despite not being a licensed medical professional in Malta, he had also issued medical certificates to exempt Regan from signing the bail book for a month.

 “I certified that I know the person, she lives with me and while she was not there to sign at the police station, I was taking care of her. She is epileptic, and she has been hospitalised several times,” he said while adding that she was not fit to go to sign her bail book.

Moreover, Dr Pollina said that he had “repeatedly notified” the police that Regan had moved to Gozo with him, and that he had requested that the bail book be transferred to Gozo.

This was however heavily disputed by the prosecuting inspector Luke Bonello who insisted that police were not informed of the change in address.

The case has been adjourned until next week.  

Inspector Luke Bonello is leading the prosecution, while Lawyer Marion Camilleri is defence counsel.