Louis Buhagiar. Right: Frank Portelli.

A judge yesterday absolved former Nationalist Party president Frank Portelli from a €10,000 Medical Council fine after ruling that the investigation had not been concluded within two years as prescribed by law.

Judge Anthony Ellul ruled that the council had gone beyond its powers when it imposed the fine after the two-year period had elapsed. He therefore declared the decision null.

The council’s decision, in July 2009, was over allegedly defamatory claims Dr Portelli had made about former Labour MP Louis Buhagiar, who at the time worked at St Philip’s Hospital, owned by Dr Portelli.

The Medical Council ruled that Dr Portelli had made allegations aimed at tarnishing Prof. Buhagiar’s reputation. It had given him three months to pay the fine or have his name struck off the medical register.

Medical Council went beyond its powers

The case dates back to July 21, 2003, when the Medical Council was informed by Prof Buhagiar that Dr Portelli had suspended him from working as a consultant at St Philip’s Hospital due to “repeated complaints about the professional fees you charge patients”.

Prof. Buhagiar wrote to the council and filed an official complaint against Dr Portelli for spreading false allegations with the intention of damaging his reputation in medical circles.

The council, presided over by Dr Josella Farrugia, heard that this letter was copied to all the staff at St Philip’s Hospital and the Medical Association of Malta.

From evidence given before the council, it transpired that Dr Portelli had also written to Dr Josie Muscat, a director at St James Hospital, asking him to suspend Prof. Buhagiar from working at his hospital.

The council found Dr Portelli guilty and fined him €10,000. He took the matter to court.

Mr Justice Ellul ruled that the Medical Council had not concluded its inquiry into the case within the two years prescribed by law and thus, the fine and its decision was null.