The latest chapter in a long-running dispute between a dentist and the Bermuda Dental Board unfolded in court yesterday.

The lawyer representing Dr. James Fay, of Paget Dental Group, questioned the Board?s decision to find the dentist and a hygienist guilty of serious misconduct. David Kessaram, for Dr. Fay, made an application for a judicial review after Governor Sir John Vereker?s subsequent decision to uphold the Board?s verdicts but to quash sentences of a three-month suspension for Dr. Fay and one-month for Keri Payne. Mr. Kessaram told the Supreme Court that even if dental rules were breached, the facts of the case did not amount to ?disgraceful conduct? by the pair, as the Board ruled.

Mrs. Payne was suspended in March, 2004 when two patients questioned whether she had been conducting procedures she was not licensed for. She has not worked in Bermuda since her suspension and returned home to Canada.

The lawyer also said that Dr. Fay and Mrs. Payne should never have been convicted of misconduct and inefficiency in 2004, because the pair had only been charged with misconduct. He said the charges should have been dealt with separately. The lawyer told the court that no reasons were given by the Governor as to why he upheld the convictions. He said there was no mention in the decision about ?disgraceful? conduct or negligence. No explanation rendered the decision a ?nullity?, he added.

And he claimed that the Board that ruled on the dental workers gave an ?appearance of bias? and a new inquiry board should have been set up to decide their fate to ensure a fair hearing.

Mr. Kessaram said there had been a history of conflict between Dr. Fay and two members of the board that found him guilty. The lawyer said the dentist had had problems securing a work permit when he first came to Bermuda. Dr. Fay also criticised the Board in 2004 when it prevented Dr. Ian Vogen, who worked out of his practice, from treating patients in Bermuda. Immigration later reversed the decision and allowed Dr. Vogen to work on the Island.

The court heard the Governor had denied there was any evidence of bias in the Board?s ruling. And Puisne Judge Ian Kawaley, responding to a claim from Mr. Kessaram that Dr. Fay and Mrs. Payne had been ?singled out?, said there was no evidence of a malicious disciplinary proceeding.

Solicitor General Wilhelm Bourne is representing Government in the hearing. He was expected to start his submissions yesterday afternoon, but the case was delayed with no reasons given.

The hearing is expected to resume today. Once submissions from all sides have been made in the civil hearing, Mr. Justice Kawaley will rule on the Governor?s decision.