Sessions Court Judge Harmi Thamri Mohamad @ Shaharuddin made the decision after finding that the prosecution, which had called 13 witnesses at the trial which began on Feb 21, 2017, had proved a prima facie case against the centre.
The court ordered Dr Wong Yen Ling, who represented the centre as its director, to enter defence on the five charges.
The centre, as a licence holder, was alleged to have failed to ensure that Noor Azima Muhamad Nuwi, 26, was qualified to conduct an orthopantomogram on Syed Alman Zain, who was the son-in-law of Deputy Prime Minister Ahmad Zahid Hamidi.
Syed Alman Zain, husband of Datuk Nurulhidayah, eldest daughter of Zahid, was reported to have become unconscious while undergoing treatment at the dental centre, and was sent to University of Malaya Medical Centre on emergency transfer, where he was confirmed dead.
Imperial centre faces a charge of failing to provide the necessary measures to save Syed Alman’s life, namely by not providing oxygen. It was also charged with failing to keep and maintain an employee’s register and failing to submit to UMMC a copy of all the patient’s medical records, as required under the law.
The centre was accused of failing to take adequate steps to protect healthcare professionals and the clinic’s environment against biological hazards, as required under regulations governing private healthcare facilities.
The centre was acquitted of four charges pertaining to the administration of anaesthesia and drug labelling.
All the acts were allegedly committed at a clinic located on Jalan Telawi, Bangsar Baru, here, between 6 pm and 9.05 pm on May 26 to June 2, 2016.
Seven counts were filed under the Private Healthcare Facilities and Services Act 1998, which provides for fines ranging from RM30,000 to RM300,000 on conviction.
Two other counts were filed under regulations on private hospitals and other private healthcare facilities, which provide for a fine of up to RM10,000, or three months’ jail, or both, upon conviction.
DPPs Jaizah Jaafar Sidek and Nadia Zulkefli prosecuted, while the centre was represented by lawyer P Sreekant. The court fixed April 10 for case management and to set a date for the accused to enter defence.