Summary of Adjudication Tribunal Decision - 17 February 2010
Tuesday, March 09, 2010
Summary of Adjudication Tribunal
Decision
(Published under subsection 45(3) of the Medical Act, 2005)
In the
matter of Complaints
against Dr. Sean Buckingham, of St. John’s, NL, and pursuant to the decision of
the Adjudication Tribunal on February 17, 2010 on the Complaints:
Date, location and brief description of the conduct
found deserving of sanction
On
January 14, 2008, after a trial by judge and jury, Dr. Sean Buckingham was
found guilty of six offences under the Criminal
Code of Canada and six offences under the Controlled Drugs and Substances Act. On January 29, 2008, Dr.
Buckingham was sentenced to seven years and nine months imprisonment in
relation to these convictions.
On
January 30, 2008, the Registrar of the College of Physicians and Surgeons of
Newfoundland and Labrador filed allegations against Dr. Buckingham in relation
to each of the 12 convictions in accordance with sections 37(2), (3), and (4)
of the Medical Act, 2005.
Extract
from written decision of the Adjudication Tribunal, dated February 25, 2010:
“After carefully considering all of the evidence and, in particular, the
Respondent’s six convictions under the Criminal
Code of Canada and six convictions under the Controlled Drugs and Substances Act, and after reading the decision
referencing these convictions in R. v.
Sean Buckingham NL T.D. 12, date 2008 01 29, and having noted that the
respondent has not contested any of the evidence and has abandoned his Notice
of Appeal, the Adjudication Tribunal was satisfied that the Respondent was
guilty of conduct deserving of sanction as envisaged in Section 44(3) of the
Act, and in particular, professional misconduct and conduct unbecoming a
medical practitioner as found in Section 34 (c) of the Act.”
Order of the Adjudication Tribunal
Pursuant
to section 44(3) of the Medical Act, 2005,
after having found Dr. Sean Buckingham guilty of conduct deserving of sanction,
the Adjudication Tribunal accepted a joint submission on sanction and ordered
as follows:
That Dr. Sean Buckingham
surrender his license to the Council of the College, which surrender of
licence is to be made and is to be effective as of the conclusion of this
hearing [February 17, 2010];
That Dr. Buckingham’s name be
struck from the medical register maintained under the Medical Act, 2005;
That Dr. Buckingham pay a
portion of the costs incurred by the College in the investigation and
hearing of the Complaints, in the agreed-upon amount of $9,500.00; and,
That publication of the
summary of the decision of Adjudication Tribunal, pursuant to subsection
45(3) of the Medical Act, 2005
not include any information that could disclose the identity of any of the
complainants or witnesses in the criminal proceedings involving Dr.
Buckingham.
The
address where Dr. Sean Buckingham last practised in the Province of
Newfoundland and Labrador was:
3/9/2010
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