THE MEDICAL COUNCIL has upheld an allegation of professional misconduct against a surgeon who continued to drive after being disqualified following convictions for drink driving and driving without insurance. 

A fitness-to-practise inquiry found a series of allegations proven against Dr Syed Waqas Ali Bukhari, and stated that his conduct was “disgraceful and dishonourable”. 

Bukhari, who worked at Cavan General Hospital between 2018 and July 2022, was suspended from practicing medicine in May 2023. He did not attend the hearing and was not represented. 

It’s understood the doctor left Ireland shortly before he was due to appear before Cavan Circuit Criminal Court in December 2022 to appeal against two of his convictions.

The Medical Council inquiry arose after Bukhari told the regulatory body about one of his driving convictions in an annual retention form for registration in 2020.

It subsequently emerged he had several convictions for both drink and drug driving, dangerous driving and driving without insurance dating back to 2016, which had resulted in Bukhari receiving a 10-year driving ban.

Today, the inquiry heard that correspondence that Bukhari had not responded to correspondence issued to him on 8 August or 12 August, respectively. The committee decided that it was appropriate to proceed in his absence.

The committee found it had been proven beyond reasonable doubt that on 27 February 2018, Bukhari was convicted of drink driving, was fined €250 and disqualified from driving for three years. 

In June 2019, Bukhari pleaded guilty to driving without insurance in Mullagh, Co Cavan on 17 October 2018. He was given 180 hours of community service and disqualified from driving for six years. 

In September 2020, Bukhari pleaded guilty to drink driving. He was given a 240 hours community service order and disqualified from driving for 10 years. 

In April 2022, Bukhari was convicted of driving without insurance while exceeding drug limit and while in possession of cannabis. He was convicted and sentenced to five months imprisonment for driving without insurance. For drug driving, he was fined €500 and disqualified from driving for 12 years.  

The committee referenced an affidavit to the District Court, in which Bukhari stated: “While I accept that wrongfully, I had cannabis in my possession and had consumed cannabis on the occasion, I was off duty and not going to or coming from work, and thus there was no risk to the safety of my patients.”

In May 2022, Bukhari was convicted at Cavan Court of driving without insurance and sentence to five months imprisonment at Castlerea Prison. He attempted to appeal this conviction, but the appeal was struck out. 

‘Total disregard for the rule of law’

Chairperson Mary O’Sullivan said the committee was satisfied that in each case, Bukhari demonstrated “total disregard for the rule of law and the imposition of previous convictions on himself by a lawful court”.

“The committee is satisfied, from its own review of the conduct and the offences, that this is conduct of an outrageous and dishonourable and disgraceful character. The committee considers that such conduct brings the profession into disrepute,” she said.

“It is by any analysis, conduct of an entirely outrageous and disgraceful character, wherein the registrant demonstrated a reckless disregard for the lives and safety of other road users and the laws of this country.

“Such behavior does, without doubt, amount to disgraceful and dishonourable conduct, and is clearly of an outrageous and disgraceful character when carried out by a doctor.”

O’Sullivan said that doctors act as role models for others and need to be aware of the impact their behavior can have on others.

“In the opinion of the committee, all doctors of experience, competence and good repute would consider the conduct of Dr Bukhari to dishonour the profession and to amount to dishonourable and disgraceful conduct. The committee itself is satisfied of this.”

She said that doctors are “acutely aware of the consequences of road traffic accidents, where the driver has been under the influence of either alcohol or drugs, as the doctors see such consequences on a daily basis”. 

The committee said it was also satisfied beyond reasonable doubt that Bukhari breached an undertaking he gave to the High Court in December 2021 to uphold the law “in terms of driving license and insurance legislation, and the Misuse of Drugs Act.” 

A previous sitting of the inquiry heard that Bukhari gave this undertaking in return for allowing him to continue to practise when the Medical Council had sought his suspension pending disciplinary proceedings against him by the regulatory body

Bukhari had promised that he would not breach any road traffic laws as a condition of his ability to remain working as a doctor.

The Medical Council subsequently applied to the High Court again in July 2022 to have the surgeon suspended after becoming aware that he had committed further road traffic offences at a time when he was already disqualified from driving.

Breached undertaking to court

However, Bukhari again avoided being suspended “by the finest margin possible” by providing the court with further undertakings about his future conduct, including that he would engage with the the Medical Council’s health committee to have a medical assessment carried out and possible treatment as well as submitting himself for testing for drugs.

He was subsequently suspended from practising medicine by the High Court president, Mr Justice David Barniville, in May 2023 due to his failure to abide by his original undertaking.

Today’s sitting heard that Bukhari was to cooperate with the health committee and follow any treatment regimes recommended, including those that may be directed in the areas of psychiatry, counselling and narcotics anonymous settings.

It was alleged that he did not do so, and that he failed to participate in a review session with the health committee in February 2023. 

The committee said it was satisfied beyond a reasonable doubt that this also constituted a breach of his undertaking to the High Court. 

O’Sullivan said an undertaking is a solemn promise to do something, and it was made to the court by Bukhari “because he was a doctor and because he was before the court because of his conduct whilst he was a doctor”.

“The undertaking could not have been clearer, and it specifically required the registrant to uphold the law in terms of driving license insurance legislation and the Misuse of Drugs Act, and as is admitted by the registrant, he breached that undertaking to the High Court,” the inquiry heard.

The chair said the committee also noted “a frightening disregard” on Bukhari’s part to comply with road traffic legislation “which is in place to ensure everybody’s safety”.

“In this case, having been afforded the opportunity by the High Court, the registrant, as he has admitted, breached the undertaking.”

She said the committee was satisfied that such a breach amounted to outrageous and disgraceful conduct.

“Furthermore, the committee are satisfied that it is dishonourable conduct for a member of the medical profession to give a solemn undertaking to the president of the High Court, and then to breach that undertaking.”

O’Sullivan said the committee was satisfied beyond reasonable doubt “that this is disgraceful and dishonourable conduct on the part of the registrant”.

“The committee are satisfied beyond reasonable doubt that this is conduct which doctors of experience, competence and good repute would consider disgraceful or dishonourable.”

Parts of the inquiry which relate to a separate allegation were heard in private session. 

Contains reporting by Seán McCárthaigh