– guilty of medical misconduct
Police Surgeon Dr Mahendra Chand has been found guilty of medical misconduct by the Medical Council of Guyana, which has suspended him for his actions in the treatment of the teen boy who was tortured in police custody.
Stabroek News was informed that the council on Friday agreed on suspension for a two-month period, which would be subject to the approval of the Health Minister. Although Dr Chand was afforded the opportunity to answer the complaint against him stemming from the controversial case, the council subsequently decided on suspension. He would now be asked to show cause why he should not be suspended, in keeping with the provisions of the Medical Practitioners Act.
Chand has faced immense criticism for treating the boy while his face was covered with a bag. Based on the doctor’s statement, Director of Public Prosecutions Shalimar Ali-Hack concluded that his conduct “leaves much to be desired” and she had advised the police force to forward his statement to the Medical Council of Guyana for appropriate action to be taken, in accordance with the law.
Ali-Hack’s recommendation was released along with the report into the investigation of the torture of the teen and two adult males, who were held by police in connection with the murder of former Region Three vice-chairman Ramenauth Bisram.
After being taken into custody, the teen was stripped and beaten before being burnt in his genital area at the Leonora Police Station. He was subsequently seen by Chand, although the boy had a bag over his head. Ali-Hack noted that Chand in his statement, dated November 4, said he was approached by a Superintendent Kissoon on October 29 at 5.30 pm at his home for him to see a patient at the police station “when it is a little dark” to avoid publicity. “The doctor acceded to this and further alleges that when he saw the patient at the police station his head was completely covered,” Ali-Hack noted. She added: “I cannot understand how a [doctor] can see a patient without speaking to the patient and if the patient’s head is completely covered then how did the [doctor] speak to him?”
Chand has denied wrongdoing in the case. According to him, in a public account of his involvement detailed in a letter to the Stabroek News, on the day he administered treatment he had been called by the police administration to see a patient at 6 pm. He noted that the time was “very much outside my normal working hours” but he readily agreed to go and see the patient.
He said the injured area was exposed and that was solely his concern and focus. “On examining the area, I concluded that the patient was suffering from 1st degree (superficial) burns of the genital area, upper thighs and lower buttocks (5-9%). I did not see any other ‘areas of brutality’ as alleged by the GHRA [the Guyana Human Rights Association], nor did I see any signs of dehydration as alleged by the GHRA. I did mention verbally that the patient should have been carried to the hospital,” Chand explained.
He also said he never indicated that the patient was okay; rather, given circumstances where no stationery was available and in a non-clinical setting “I did the best I could and acted with a clear conscience.”
Chand added that he left the police station with the expectation that the patient would have been carried to a hospital as soon as possible. He said that he has been practising medicine in the police force for the past 12 years and always treated patients presented to him with care, sensitivity and concern, whether they are ranks from the force or detainees from the lock-ups or prisoners.
The GHRA had accused Chand of ignoring the abuse of the boy and it called for him to be relieved of duties in the police force and prison service. The GHRA contended that Chand’s failure to act constituted a dereliction of duty and could be considered passive complicity with torture. In this context, the GHRA called on the council to investigate whether his “gross breach of medical ethics” and “gross incompetence” displayed in the incident warrant serious disciplinary action.
After his condition was discovered, the teen was eventually hospitalised and two policemen were later charged with unlawfully wounding the child, as well as in connection with the beatings meted out to two other men who were being investigated for the same murder.
An investigation by the police force’s Office of Professional Responsibility has found that the torture of the teen and the two men was known by several police ranks, who were indifferent and complicit. With the report, the Home Affairs Ministry confirmed the teen’s torture, expressed “deep regret” and emphasised that every effort is being made to ensure that there is no repetition of such incidents in future. The ministry also offered personal “deep regrets” to the 15-year-old boy and his parents.
