A panel of the Health Practitioner’s Disciplinary Tribunal (the Tribunal) convened 4 July 2023 to hear a charge laid by a Professional Conduct Committee (PCC) appointed by the Medical Council of New Zealand against Dr Aashish Vinay Raj (the Doctor).

Charge:

The charge alleged that the Doctor’s conduct relating to criminal convictions in the Auckland District Court for driving offences, assault on Police in relation to an incident in May 2020 and a conviction for trespass following a further incident in October 2020, either separately or cumulatively:

1. 1. amounted to professional misconduct in that the convictions have brought or are likely to bring discredit to the medical profession; and / or
   2. affects adversely on the Doctor’s fitness to practise as a medical practitioner.

A full copy of the charge is found in Schedule i of the full decision.

The Doctor accepted the charge and that it amounted to professional misconduct and reflected adversely on his fitness to practise.

Background:

The Doctor was registered in the scope of vocationally registered emergency medicine doctor.  At the time of the offending he was still registered. He does not now hold a current practising certificate and has not practised since 2018.  The Doctor has a substance use disorder and a history of offending, including three impaired driving charges related to his alcohol addiction. 

The present charge relates to convictions in the Auckland District Court on 17 December 2020. Four convictions related to a drunk driving incident on 4 May 2020, and one conviction related to entering a casino from which he had previously been trespassed on 11 October 2020. The Doctor was also convicted of several other charges but later discharged without conviction after his completion of a rehabilitation program under the supervision of the Alcohol and Other Drug Treatment Court (AODTC).

The Doctor was brought under the AODTC because of his high blood alcohol levels and a number of previous convictions meant that his likely alternative sentence would be one of imprisonment. The Doctor was a “successful graduate” of the AODTC programme.  On 22 July 2022 he was sentenced by Judge Sharp to 18 months’ intensive supervision.

Finding:

The Tribunal found the charge established as conduct by the practitioner that brings discredit to the medical profession, and that these convictions reflect adversely on the practitioner’s fitness to practise.

Penalty:

The Tribunal ordered:

1. Censure,
2. Suspension from practice for a period of two years and six months,
3. Conditions upon the Doctor’s return to practice,
4. Costs of $10,000,

The Tribunal directed publication of the decision and a summary.