Dr Walid Aly: Rape-accused anaesthetist’s suspension lifted

An anaesthetist accused of rape will continue to work at dental clinics after a Tribunal reversed his suspension.

Editor's Note: On 14 February 2023, the jury found Dr Aly not guilty of rape.

A rape-accused anaesthetist will be allowed to continue working in the medical field after successfully fighting his suspension from medical practice.

Dr Walid Aly, 55, had his registration suspended by the Medical Board of Australia in August last year, after he was charged with rape and recklessly causing injury offences.

He has vehemently denied the accusations, which are unrelated to his work as a medical practitioner.

In March he lodged a legal challenge against the suspension in the Victorian Civil and Administrative Tribunal, arguing there was a “clear delineation” between the allegations and his work.

Acting for the Board, barrister Marion Isobel said the board was not alleging there was any risk posed to patients, instead saying the suspension was to ensure the “standards of the profession and trust in the regulator”.

“Those standards are being damaged every day he’s allowed to work with vulnerable patients,” she said.

“Trust is at the heart of the patient practitioner relationship. If proven, these allegations would destroy any patient’s trust in him,” VCAT heard.

Dr Walid Aly had his medical licence suspended in August 2021 over criminal charges relating to an alleged rape. Now, the Victorian Civil and Administrative Tribunal has reversed the suspension.

The former Werribee Mercy Hospital anaesthetist notified the Medical Board shortly after he was charged by police over the alleged incident.

No immediate action was taken to suspend him.

Ms Isobel said the decision not to act was based on the limited information provided by police at the time contrasted against arguments put forward by Dr Aly.

“An email sent by Dr Aly made a number of allegations to undermine the credibility of the complainant,” she said.

“He assured the Board the case against him was groundless. Ultimately it decided it could not form a reasonable belief that it was within the public interest to suspend his medical licence.”

She told the Tribunal that months later the Board received the police brief of the allegations which “changed the landscape” and led to a review of the decision.

Acting for Dr Aly, counsel Sebastian Reid argued nothing had altered the public interest between the two actions taken by the Board.

“Dr Aly has continued to work and display the requirements of a registered anaesthesiologist, the question that needs to be asked is why is the Board seeking a suspension now?” he said.

He said the doctor had maintained a “high standard” of professional conduct while the case was ongoing.

Dr Aly was granted a stay of the suspension at an early VCAT hearing on October 13 last year which allowed him to continue to practise medicine while awaiting the decision of this challenge.

The Tribunal heard he was “effectively prevented” from working in the public hospital system until the criminal proceedings had finalised, but had found work at dental clinics in Wagga Wagga and Mount Gambier.

In a written decision handed down on September 27, VCAT senior member Elizabeth Wentworth and members Dr Peter McNeill and Dr Roderick Mason set aside the Board’s decision to suspend Dr Aly.

“We underline that our decision in this case is not about whether we believe Dr Aly has committed the criminal offences with which he is charged,” they wrote.

“Our focus is on balancing the components of the public interest.

We have not formed the reasonable belief that it is in the public interest to take immediate action against Dr Aly and suspend him.”

In the decision, they said the public should be given a “measure of reassurance” knowing the investigating officer’s opinion was that it was not necessary to suspend his registration.

Originally published as Dr Walid Aly: Rape-accused anaesthetist’s suspension lifted