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Inquisitorial system offers ‘advantage of seeking truth’

SINGAPORE — Can the current adversarial process when charges are levelled against a doctor shift to become more inquiry-based?

SINGAPORE — Can the current adversarial process when charges are levelled against a doctor shift to become more inquiry-based?

The issue has been raised by the committee tasked to strengthen the disciplinary process for doctors, which noted in its report that the current process can be time-consuming and expensive, with the potential for a “hotly contested hearing before the High Court” for appeals.

It received suggestions for an inquisitorial framework, which would give disciplinary tribunals more control over proceedings. For instance, the tribunal would be able to direct how much evidence needs to be produced, instead of simply receiving what parties choose to show.

The committee received feedback that the adversarial process tends to be legally complex and could become “a fight between lawyers as much as it is a determination of fault or lack thereof”.

The Singapore Medical Council could be guided by the inquisitorial framework that the Family Court here is shifting to, the committee said, to which the SMC agreed.

The Singapore Medical Association, which represents the majority of doctors here, welcomed the committee’s recommendation.

“The inquisitorial system offers the advantage of seeking the truth as opposed to taking sides,” said Dr Wong Tien Hua, the association’s 1st vice-president.

But lawyer Palaniappan S, who specialises in medico-legal matters, said an adversarial system is “wholly understandable when one appreciates the competing interest of parties”. “The fact that a professional should be given all opportunity to respond charges levelled against him would definitely involve an element of zealousness in wanting to prove his innocence ... in such situations, an adversarial system would be most appropriate,” he said. NEO CHAI CHIN

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