Dr Walid Aly: Rape accused doctor successfully appeals suspension

A doctor accused of rape will continue to practise at a private hospital in Melbourne’s west while awaiting trial.

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

A Werribee anaesthetist facing serious rape charges will continue working as a medical practitioner after a Victorian Civil and Administrative Tribunal overruled his suspension.

Dr Walid Aly was suspended on August 30, five months after he was committed to stand trial in the County Court for the alleged rape of a woman on April 8, 2019.

Dr Aly contested the suspension at an urgent hearing before the Victorian Civil and Administrative Tribunal on Tuesday where the initial decision was overruled.

The tribunal heard the doctor was charged with one count of rape and one count of recklessly causing injury on January 30 last year after a nine month police investigation into the alleged incident.

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

The tribunal heard Dr Aly notified the Medical Board of the charges he was facing, but the board decided not to take immediate action and suspend him.

Acting for the Medical Board of Australia, barrister Marion Isobel said the decision to suspend Dr Aly was based on the limited information they had.

“He made a number of allegations to undermine the credibility of the complainant and made assurances the charges would soon be dropped,” she said.

Dr Walid Aly had his medical licence suspended in August 2021 over criminal charges relating to an alleged rape.

However, over the following months Ms Isobel said they received “significant” amounts of new information — including a 180 page brief of evidence against the doctor — and reviewed the decision.

“It’s apparent they went to painstaking lengths to consider everything,” she said.

“Ultimately the board considered a minimum appropriate action was a suspension. Any lesser form of regulatory action would be insufficient to preserve the reputation of the medical field.”

Dr Aly’s barrister Sebastian Reid said the suspension would have a substantial impact on his finances after he was already prevented from working in the public hospital system.

He said the doctor had found limited work in the private system at Mercy Hospital and an unnamed dental clinic.

He also argued Dr Aly had practised “in a limited capacity” without any issues in the 18 month period between the two reviews and said the police investigator was not opposing his continuance of work.

“National laws do not require automatic suspension in these cases … we submit reasonable members of the public wouldn’t be alarmed if he’s given a stay.”

Presiding VCAT senior member Jonathan Smithers granted the application to temporarily stay Dr Aly’s suspension until a final order could be made in the tribunal.

“If a stay was not granted it would have a substantial financial impact on him for some months,” he said.

“After balancing the particulars, it falls in favour of granting the stay up until the time the immediate action review can be heard.”

Dr Aly will return before the Victorian Civil and Administrative Tribunal in two weeks.

His criminal charges are set down for trial on July 4 next year.