Judge Harmi Thamri Mohamad @ Shaharuddin made the ruling against Imperial Dental Specialist Centre Sdn Bhd, which was represented by a member of its board of directors, Dr Alice Wong Yen Lin, 47, after finding that the defence had failed to raise reasonable doubts in the case.
Harmi said he hoped the punishment would be a lesson to all medical practitioners to comply with the health ministry’s standards.
The court allowed the dental centre to pay the fine in stages, with RM25,000 to be paid today, and the balance of RM295,000 from Jan 21 to June 28 next year.
Wong was also ordered to pay prosecution costs of RM5,000.
The centre was initially charged with nine counts pertaining to Syed Alman’s death but was ordered to enter defence on five of the charges.
They were for the second, third, sixth, seventh and eighth charges. The centre was acquitted and discharged of the first, fourth, fifth and ninth charges on grounds that the prosecution had failed to prove a prima facie case.
On the second and third count, the centre, as a licence holder, was accused of failing to ensure that Noor Azima Muhamad Nuwi, 26, was qualified to conduct an orthopantomogram on Syed Alman as well as failing to keep and maintain an employee’s register.
On the sixth count, the centre was charged with failing to provide the necessary measures to save Syed Alman’s life by not providing oxygen.
On the seventh count, the centre was charged with failing to submit to the Universiti Malaya Medical Centre (UMMC) – which received the patient under emergency transfer – a copy of all the patient’s medical records, as required under Section 31 (1)(d) of the Private Healthcare Facilities and Services Act 1998.
On the eighth count, the centre was charged with failing to take adequate steps to protect healthcare professionals and the clinic’s environment against biological hazards, as required under Rule 49 (5) of the Private Healthcare Facilities and Services (Private Hospitals and Other Private Healthcare Facilities) Regulations 2006.
The centre was acquitted of four counts pertaining to the administration of anaesthesia and drug labelling.
All the offences were committed at a clinic at Jalan Telawi, Bangsar Baru, here, between 6pm and 9.05pm, May 26 to June 2, 2016.
Seven counts were filed under Sections 31 (4), 39 (2), 40 (4) and 117 (2)(b)(i) of the Private Healthcare Facilities and Services Act 1998, which provides for a fine ranging between RM30,000 and RM300,000 upon conviction.
Two other counts were filed under Regulations 49 (7) and 245 (6) of the Private Healthcare Facilities and Services (Private Hospitals and Other Private Healthcare Facilities) Regulations 2006, which provide for a fine of up to RM10,000, three months’ jail, or both upon conviction.
Earlier, deputy public prosecutor Nadia Zulkefli asked the court to impose a heavy sentence because the case involved a human life as well as public interest.
“Although charged for the first time, the clinic faced five charges. Its lackadaisical attitude has given a bad name to the dental profession,” she added.
Lawyer P Sreekant, representing the dental centre, said the clinic had made many improvements since the incident.
A total of 13 prosecution witnesses and two defence witnesses were called to testify during the hearing of the case which began on March 6 last year.
Syed Alman, the husband of Zahid’s eldest daughter Nurulhidayah, was reported to have become unconscious while undergoing treatment at the dental centre. He was referred to UMMC before being confirmed dead.