In re a Medical Practitioner - [1959] NZLR 784

Medicine, pharmacy and related professions — Medical practitioners — Medical Council — Practitioner acquitted by Jury on Indictment charging Indecent Assault on Patient — Subsequent Complaint charging Him on Same Facts with Infamous Conduct in Professional Respect — Plea of autrefois acquit inapplicable to Inquiry by Investigation Committee or to Proceedings before Medical Council — Principle of Res Judicata inapplicable — Parties to Proceedings before Medical Council not Same as Parties to Indictment, and Issues different — Medical Practitioners Act 1950, ss. 43B, 43C, 44 (1) (Medical Practitioners Amendment Act 1957, s. 6)

Estoppel — Res Judicata — Medical Practitioner acquitted by Jury on Indictment charging Indecent Assault on Patient — Subsequent complaint to Crown Solicitor charging Practitioner, on Same Facts, with Infamous Conduct in Professional Respect — Inquiry by Investigation Committee and Proceedings before Medical Council — Different Parties and Different Issues — Medical Council not estopped by Jury Verdict from hearing Complaint against Practitioner.