A psychiatrist who took up a job working with children and teenagers in Donegal, despite giving an undertaking to the Medical Council not to practise in Ireland due to fears about his suspected misuse of controlled drugs, has been found guilty of professional misconduct.

A fitness-to-practise inquiry by the Medical Council found a series of allegations proven against psychiatrist, Syed Zubair, and noted he had demonstrated “a lack of trustworthiness, integrity and honesty.”

The inquiry concluded that Dr Zubair had failed to disclose that he already had an agreement with the Medical Council that he would not practise medicine in the Republic during a job interview in September 2018 for a post as a registrar with Donegal Mental Health Services.

Dr Zubair had given an undertaking not to practise in May 2016 after the regulatory body had been notified of concerns that his patients might be at risk as a result of allegations that he was intoxicated or under the influence of substances while working in the acute psychiatric unit of Roscommon University Hospital.

The 53-year-old native of Pakistan did not attend the fitness-to-practise inquiry which was held over three days earlier this year.

It is understood he is currently based back in Pakistan, although he has previously expressed a desire to return to Ireland to work.

A total of 12 allegations of professional misconduct against Dr Zubair were outlined at earlier hearings of the inquiry.

The psychiatrist, who qualified as a doctor in 1996 and first registered to practise in Ireland in 2007, worked with Children and Adolescent Mental Health Services in Donegal between March 20th, 2019 and July 5th, 2019.

Several allegations related to his application for the role with CAMHS in September 2018 and declarations he made after securing the position as well as his failure to comply with the undertaking given to the Medical Council not to practise medicine.

The chairperson of the fitness-to-practise committee, Marie Culliton, said such declarations were “manifestly untrue and inaccurate.”

Separately, five allegations of professional misconduct were also proven that Dr Zubair had written prescriptions for various drugs on stationary from Donegal Mental Health Services without permission under the name of another patient which he presented at various pharmacies in Letterkenny, Co Donegal in 2019.

Some of the dates occurred at a time when he had ceased working with CAMHS.

In a written response to a complaint to the Medical Council about such conduct, Dr Zubair claimed his seeking such prescriptions was “an honest mistake and not anything deceitful”

The inquiry found the psychiatrist’s actions in relation to four of these allegations also represented poor professional performance.

A finding of professional misconduct was also made over Dr Zubair inappropriately and dishonestly requesting a letter from a Roscommon GP, John Keenan, in December 2015 to state that he had prescribed Diazepam for the psychiatrist when he had not done so.

A similar finding was made in relation to his declaration in an annual retention application form for registration in Ireland in July 2019 that he had not given any undertaking which would restrict his licence to practise which he knew was untrue.

The fitness-to-practise committee ruled that one allegation that he had provided inaccurate and misleading information to the Medical Council in an e-mail in October 2019 that he was “stuck in Pakistan” and had “not been offered any promising job offer” was not proven.

Ms Culliton said the contents of the e-mail were “open to interpretation” so that the evidence did not establish facts to the required standard of proof.

The inquiry heard that Dr Zubair had initially engaged with the Medical Council over complaints made against him in 2019 but had no further contact with the regulatory body since 2021.

Solicitor for the Medical Council, Sinead Taaffe, said a sanction “at the upper end of the scale” was warranted in the case.

Ms Taaffe said actions that represented dishonesty should be regarded as serious misconduct.

In a submission, the solicitor said the primary objective of any sanction should be the protection of the public and maintaining confidence in the medical profession and the regulatory process.

Ms Culliton said the committee’s recommendation on sanction would be notified to the Medical Council in due course.

Any sanction will also need to be formally ratified by the High Court to take effect.

In November 2019, a High Court judge expressed serious concern about defective procedures within the Medical Council which had resulted in Dr Zubair being employed by Donegal Mental Health Services without knowing he was precluded from practising medicine at the time.

Mr Justice Peter Kelly said no prospective patient or employer of a doctor had any way of finding out from the regulatory body’s website that such an undertaking was in place.

In February 2020, the judge subsequently welcomed the introduction by the Medical Council of safeguards to address the circumstances which arose in the case of Dr Zubair.