Lawyer Advises Against Criticizing Former Doctor’s COVID Stance
The former New Zealand ophthalmologist has already lost his profession and his business, but authorities were determined to ‘crush a man,’ his lawyer told the court.
New Zealand’s Ministry of Health wants a former eye doctor to ‘remember his mistake forever and a day,’ his lawyer informed the Napier District Court.
Dr. Phil Macdonald had already lost his medical career and business due to his stance on the government’s COVID-19 vaccination mandate. His lawyer, David Jones KC, argued that there was no purpose served in convicting him.
During the COVID pandemic, the Medical Council implemented a vaccine mandate for doctors. Despite being vaccinated against other diseases, Macdonald had concerns about the safety and efficacy of the COVID-19 vaccine and chose not to take it.
Instead, he opted to register with a tikanga (Māori customary law) alternative, the Wakaminenga Health Council (WHC), which did not require vaccination.
The court dismissed the validity of this choice, stating that customary law cannot override the provisions of the HPCA (Health Practitioners Competence Assurance Act). The WHC lacked the authority to register medical practitioners, and Macdonald’s belief that he could continue to practice under it was a legal mistake.
Authorities were alerted by a pharmacy that received prescriptions signed by Macdonald using a registration number prefixed by “WHC.” A letter from the organization claimed to be the “Health Authority under sovereign native customary title” and disregarded the HPCA Act.
Macdonald, who had been practicing medicine for around 30 years, closed his business, Napier Eye Ophthalmology, in 2022 after facing 19 charges for continuing to practice without Medical Council registration.
Tried To Be Ethical
Jones argued for Macdonald to receive a discharge without conviction, highlighting the loss of his profession, practice, and ability to work as a doctor.
Macdonald sought an ethical way to practice without vaccination during the pandemic and is now retraining in information technology with a focus on artificial intelligence. A conviction would hinder his chances in his new field, especially against younger candidates after completing his studies.
Jones questioned the purpose of convicting Macdonald, stating that authorities wanted to punish him and make him remember his mistake for a long time.
On the other hand, the prosecutor representing the Ministry, Tim Bain, accused Macdonald of dishonesty and breaching patient trust by not disclosing his vaccination status, impacting the quality of care he could provide.
Judge Earwake acknowledged the ethical dilemma the vaccine mandate caused Macdonald, as he had concerns about vaccine safety and efficacy and did not advise patients to take the COVID-19 vaccine.
He reserved his decision, and if convicted, Macdonald could face fines of up to $30,000 (US$18,300).
