Two of the first doctors to be suspended for Covid-19 misinformation in New Zealand are appealing the Medical Council's decision in the Wellington District Court today.
Photo: Getty Picture Alliance
GP Matthew Shelton's arguments are being heard in the civil proceedings first, before those of retired Taranaki radiologist Dr Peter Canaday begin tomorrow.
Dr Shelton was practising at the Plimmerton Medical Centre last year.
He made headlines when patients received texts from him, discouraging fertile women and children from getting the Covid-19 vaccine.
The Medical Council's lawyer, Simon Mount QC, has made a submission that Dr Shelton used the Plimmerton Medical Centre patient database to send the message to approximately 600 patients.
Among the other allegations, the council said: "In a consultation with a patient, Dr Shelton suggested the prime minister had faked her Covid-19 vaccination."
It also said Dr Shelton "made public statements in the popular media, on social media and at public gatherings advocating against Covid vaccination".
This led to the Medical Council's decision in December last year to suspend Dr Shelton, pending a Health and Disability Commission investigation into his treatment of 11 patients.
The Royal New Zealand College of GPs is also investigating a possible breach of its rules.
The Medical Council said since its suspension, Dr Shelton has continued to advocate publicly against the Covid-19 vaccination programme.
Most recently, he addressed the protesters occupying the grounds of Parliament last Friday and told them the Pfizer vaccine contained "microscopic electronic components".
Judge Stephen Harrop must decide whether he agrees or disagrees Dr Shelton acted inappropriately and should be suspended.
Dr Shelton's lawyer, Matthew McLelland QC, told the court this morning that his client had acted on his strong beliefs in informed consent.
"The Medical Council does not have the right to dictate to a practitioner, including Dr Shelton, that you must effectively sing the party line and speak only positive things about the vaccine. If he has concerns he has a right to express those concerns."
The doctor accepted he had made mistakes and had apologised to the council for sending the 600 texts.
"He did it in a rush. He regrets doing it the way he did. Technologically maybe he's not as astute as some because I think he pressed the wrong button and the text message went to a lot of people that he wasn't intending it to go to."
McLelland said his client was "having a bad day at the office".
"He got it wrong, and he's accepted responsibility for that. He's told the Medical Council he'll never do that again."
McLelland said some complaints were hearsay, and Dr Shelton denied some of them.
He said his client was not told soon enough when complaints were laid, and thus, there was no justification for an urgent suspension.
He said throughout last year, Dr Shelton "makes it clear [to patients], that is my own [vaccination] view, and it's not the consensus".
Dr Shelton's arguments will continue to be heard this afternoon, then Dr Peter Canaday's arguments tomorrow.
The third doctor suspended in December, Dr Emanuel Garcia, has withdrawn his appeal.