Death of DPM's son-in-law: OBGYN, dental clinic charged

Dr Ting Teck Chin, 36, who was a part-time anaesthetist at the Imperial Dental Specialist Centre, pleaded not guilty to the charge of causing the death of Datuk Syed Alman Zain Syed Alwi, 44, knowing that his actions could cause the victim's death.

Dr Ting, who is attached to the O&G Department in Kuala Lumpur Hospital, was charged with committing the offence at the Imperial Dental Specialist Centre, Lot 62 & 64, Jalan Telawi, Bangsar Baru, Brickfields, here between 6pm and 9.05pm on June 1.

He was charged under Section 304(b) of the Penal Code, which carries a maximum 10-year imprisonment or a fine or both, on conviction.

Judge Zainal L. Salleh allowed the accused, who was represented by counsel Datuk K. Kumaraendran to post bail of RM20,000 with one surety, and fixed a re-mention of the case on Oct 17.

Syed Alman Zain, who was married to Ahmad Zahid's eldest daughter Datuk Nurulhidayah, 37, reportedly lost consciousness while receiving dental treatment at the centre and was referred to University of Malaya Medical Centre before being confirmed dead.

In a separate court, the Imperial Dental Specialist Centre Sdn Bhd which was represented by its director Dr Wong Yen Ling, also pleaded not guilty on nine charges relating to Syed Alman Zain's death which were read out in front of Judge Harmi Thamri Mohamad @ Shaharuddin.

Dr Wong, as the licence holder, was charged with failing to ensure that Dr Ting, the person who administered the anaesthesia on Syed Alman Zain, had the anaesthesiology qualifications at the same place, time and date.

On the second charge, Dr Wong as the licence holder was found to have failed to ensure that Noor Azima Muhamad Nuwi, 25, was qualified to conduct the radiology procedure (orthopantomogram) on Syed Alman Zain at the same place, between 2pm and 4pm on May 26.

These qualifications as required under Section 31(1)(c) of the Private Healthcare Facilities and Services 1998 (Act 586) were read out together with Regulation 179/347(1) of the Private Healthcare Facilities and Services Regulations (Private Hospitals Facilities and Other Services) 2006.

On the third charge, Dr Wong as the licence-holder, was accused of failing to keep and maintain a staff register as required under Section 31(1)(d) of the same Act, which was read out together with Regulation 34 at the same place between 1pm and 5pm on June 2.

The three offences were framed under Section 31(4) of the Private Healthcare Facilities and Services 1998 which provides for a fine of up to RM300,000, if convicted.

On the fourth charge, the accused was charged with providing anaesthesiology service on Syed Alman Zain which was included in the clinic's licence and violated Section 39(1) of the Private Healthcare Facilities and Services 1998.

The accused was charged with committing the offence in the same place, between 6pm and 8.30pm on June 1, under Section 39(2) of the Private Healthcare Facilities and Services Act 1998 which provides for a fine of up to RM300,000, if found guilty.

On the fifth charge, the accused as the licence-holder, was alleged to have compromised the standard of service by providing anaesthesia service on Syed Alman Zain without the permission of the director-general of Health and this act violated the provisions of section 40(1) of the Private Healthcare Facilities and Services Act 1998.

On the sixth charge, Dr Wong was charged with failing to take the necessary measures to save Syed Alman Zain's life by not providing oxygen as basic emergency care service as required under Section 38 of the Private Healthcare Facilities and Services Act 1998.

The accused was charged with committing both offences at the same place, time and date under Section 40(4)/117(2)(b)(i) of the Private Healthcare Facilities and Services Act 1998 which carries a fine of up to RM30,000, if found guilty.

On the seventh charge, Dr Wong was accused of failing to present to University of Malaya Medical Centre (UMMC), which accepted the emergency transfer of Syed Alman Zain, a copy of all his medical records as required under Section 31(1)(d) of the Private Healthcare Facilities and Services Act 1998.

The offence was alleged to have been committed at the UMMC, Lembah Pantai, Brickfields, here between 8.35pm and 9.05pm on June 1, under Section 31(4) of the Private Healthcare Facilities and Services Act 1998, which provides for a fine of up to RM300,000, if convicted.

On the eighth charge, the accused was charged with failing to take adequate measures to protect all healthcare professional staff and the surroundings against biological hazards as required under Regulation 49(5) of the Private Healthcare Facilities and Services Regulations (Private Hospital and Other Health Care Facilities) 2006.

On the ninth charge, Dr Wong was accused with failing to ensure the medicine labeling requirements were observed as required under Regulation 245 of the Private Healthcare Facilities and Services Regulations (Private Hospital and Other Health Care Facilities) 2006.

Dr Wong was charged with committing the offence in the same place, between 1pm and 5pm on June 2 under Regulation 49(7)/245(6) of the Private Healthcare Facilities and Services Regulations (Private Hospital and Other Health Care Facilities) 2006, which carries a fine of up to RM10,000 or maximum jail sentence of three months or both, upon conviction.

The accused was represented by counsel Sreekant Pillai while the prosecution was conducted by Deputy Public Prosecutor Mohd Abazafree Mohd Abbas.

The court fixed Sept 8 for a re-mention of the case.