Doctor Shamyal Hamoon Jamil has appeal knocked back after sending explicit photos to medical students and buying one a massager
A doctor who a tribunal found sent medical students explicit photos before he offered fake messages and bizarre excuses has had another appeal knocked back, but is refusing to give up.
An Adelaide doctor who sent medical students creepy explicit photos, before providing bizarre excuses, has had yet another appeal knocked back.
The SA Civil and Administrative Tribunal (SACAT) earlier found Shamyal Hamoon Jamil’s conduct amounted to unprofessional conduct on multiple grounds.
Dr Jamil then pursued an appeal, which was dismissed.
He then applied for leave to appeal to the Court of Appeal, which was dismissed on Thursday.
The tribunal earlier found Dr Jamil sent inappropriate messages, including explicit photographs, to two female medical students who were on placement at his Central Adelaide Local Health Network (CALHN) workplace in 2020.
The first medical student said Dr Jamil sent her a nude photograph in a disappearing message on Facebook Messenger.
The tribunal found Dr Jamil also fabricated evidence, by providing a screenshot of messages from the first medical student showing her interest in him and initiating conversations about her body after the pictures were sent.
“The screenshot emerged after CALHN had made a finding of misconduct and threatened termination, and in doing so placed emphasis upon the fact that (the medical student) had suddenly ceased online contact,” the judgment read.
The tribunal found Dr Jamil also sent an explicit photo to a second medical student, saying “well I might as well send you the duck that you’ll be missing out on tonight (emoji). Check your secret messages”.
Dr Jamil tried to argue he had sent the medical student a video of his cat named Duck.
The tribunal heard that the second medical student screenshot a nude photo Dr Jamil sent to her, which he argued she had stolen the photo from his phone and sent it to herself.
Dr Jamil provided a screenshot message from the woman apologising for taking his nude photo. However, the tribunal found this message had been fabricated as well.
The tribunal found Dr Jamil gave the second medical student a massaging device, which he sent her many sexualised messages about.
Dr Jamil argued he bought her the massager for her scoliosis to help with her sore neck and back while “jokingly” referring to it as a vibrator.
However, the tribunal ruled Dr Jamil gave the second medical student the “totally inappropriate” gift in the hope of developing a sexual relationship, and that he was not genuinely concerned for her scoliosis.
The tribunal also found Dr Jamil inappropriately touched the second medical student at the hospital on one occasion, but allegations he propositioned her for sex and played pornography to her at his house were not proven.
Dr Jamil appealed certain aspects of the allegations, including that he had fabricated messages and that he had sent one of the nude images.
He also complained that the Tribunal should not have placed any reliance at all on the evidence of the second medical student after they had significant reservations about its honesty and reliability.
However, the appeal judge found the Tribunal had made no error of fact or law and dismissed the appeal.
Dr Jamil then appealed against that dismissal on a number of grounds, including that the appeal judge didn’t identify error in the Tribunal’s failure to make a finding that the second medical student had lied, and should have granted the appeal as a result.
However, on Thursday, President Mark Livesey, Justice Chris Bleby and Auxiliary Justice Mitchell said Dr Jamil had not demonstrated that it would be in the interests of justice to grant leave to appeal.
Dr Jamil told the court he intended to apply to the High Court for special leave to appeal the matter.
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Originally published as Doctor Shamyal Hamoon Jamil has appeal knocked back after sending explicit photos to medical students and buying one a massager
