A FRESH review has been held into the suspension of a West Somerset dentist who had faced a criminal prosecution over an alleged sexual assault.
The Taunton Crown Court case against Ajith George Behanan, aged 50, was dropped last December when Judge Edward Burgess KC ordered a not guilty verdict.
He had been charged that he ‘intentionally touched a woman aged 16 or over and that touching was sexual when she did not consent and you did not reasonably believe that she was consenting’.
However, Mr Behanan, who owns Holloway House Dental Surgery, in Minehead, remained suspended from practice, an order extended by a High Court judge until February, 2025.
Now, the General Dental Council’s Interim Orders Committee (IOC) has reviewed his case, the fourth time it has done so, and again decided not to lift the suspension.
Mr Behanan, who did not attend, was represented by barrister Matthew McDonagh, while the General Dental Council’s (GDC) case was put by barrister Katherine Higgs.
Mr McDonagh said the length of time since the alleged incident on December 11, 2020, and the ‘weakening’ of the concerns since they were referred had lowered any perceived risks to the public.
He said the risk assessment the committee had to carry out now fell in favour of Mr Behanan, who has not practised since first being suspended in August, 2022.
Mr McDonagh asked the committee to either revoke the suspension or to replace it with conditions under which Mr Behanan could return to work.
Ms Higgs said the suspension remained necessary to protect the public and was otherwise in the public interest.
She said there remained an ongoing risk of harm to the public, notwithstanding developments in the case which had been put to the committee in private session.
Ms Higgs said even allowing Mr Behanan to return with conditions imposed could not adequately deal with the risks that arose from the concerns in the case.
Committee chairman Marnie Hayward said the purpose of the hearing was to ‘assess the nature and substance of any risk’ to the public and not to determine the facts of the case.
Ms Hayward said the IOC applied the principle of proportionality, balancing the public interest with Mr Behanan’s own interests.
She said the committee was aware a GDC substantive investigation into the case was continuing and it noted there appeared to be some acceptance from Mr Behanan that ‘an incident of the sort that has been reported did take place’.
Ms Hayward said: “The committee considers the concerns that have been raised are of a nature and seriousness to suggest that the public would be at risk of harm were Mr Behanan to be permitted to practise without restriction.
“The committee considers there is a real risk of a repetition of the alleged concerns.
“The information placed before it suggests that an interim order is necessary to protect the public.”
The IOC agreed the suspension until next February should remain and be further reviewed in the next six months.