Council of Management of the Dental Board of Trinidad and Tobago a/c The Dental Council (Respondent) v Dion Koonoolal (Appellant) (Trinidad and Tobago)

Case summary

Case ID

JCPC/2026/0069

Jurisdiction

Trinidad and Tobago

Parties

Appellant(s)

DION KOONOOLAL

Respondent(s)

THE COUNCIL OF MANAGEMENT OF THE DENTAL BOARD OF TRINIDAD AND TOBAGO A/C THE DENTAL COUNCIL

Issue

(1) What is the correct procedural approach to a rehearing under s.37 of the Dental Profession Act and Civil Proceedings Rule 60.8? (2) Did the High Court judge err in its approach to the conduct of the rehearing? (3) Did the High Court judge give appropriate deference to the Respondent as primary decision-maker during the disciplinary hearing? (4) Was the disciplinary hearing procedurally unfair? (5) Were the three findings of guilt against Dr Koonoolal supportable on the evidence? (6) What is the correct statutory interpretation of the Dental Profession Act and the Dental Regulations? (7) Did the Court of Appeal err in remitting the proceedings to a differently constituted High Court and ordering Dr Koonoolal to pay costs?

Facts

Dr Dion Koonoolal is a registered dental surgeon practising in Trinidad and Tobago. On 20 April 2020, the Dental Council commenced disciplinary proceedings against Dr Koonoolal. It alleged that various of his social media posts constituted professional misconduct contrary to the Dental Profession Act and Regulations 28, 29 and 33(g) of the Dental Regulations. Following a 13 May 2020 disciplinary hearing and a 25 June 2020 sentencing hearing, the Dental Council found Dr Koonoolal guilty of three of the four allegations. On 9 July 2020, the Dental Council suspended Dr Koonoolal for fourteen days, or until the relevant social media posts were removed. Dr Koonoolal exercised his statutory right of appeal to the High Court. After granting a stay of the suspension, the High Court delivered judgment on 20 May 2021 allowing the appeal. The Dental Council appealed. The Court of Appeal delivered judgment on 22 October 2025 allowing the appeal. The Court of Appeal granted Dr Koonoolal conditional permission to appeal to the Judicial Committee on 10 February 2026. Dr Koonoolal complied with all conditions and obtained final leave to appeal on 27 May 2026.

Date of issue

23 July 2026

Case origin

Appeal As of Right

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