The Bermuda Dental Board has issued a statement on this week's court ruling involving a Paget dentist.

Richard Cann, chairman of the Bermuda Dental Board, said that a judicial review application by Dr. James Fay, claiming that the Board's decision to find him and his former hygienist guilty of professional misconduct and inefficiency was "irrational, motivated by spite and improperly reasoned", had failed.

Dr. Cann said the Supreme Court had ruled in favour of the Board. "The Board's conclusion was rational, unbiased and properly reasoned," he added.

Dr. Cann said the Board issued the statement because it was obliged to correct the impression given in yesterday's Royal Gazette. that the Dental Board had lost this dispute.

The Board's original decision was upheld on appeal by Governor Sir John Vereker. This led to a judicial review application by the Paget dentist, which was dismissed on Wednesday.

In a separate ruling released on the same day, in which the Board said it played no part and on which it made no submissions, Puisne Judge Ian Kawaley concluded that the 1950 Act which governs the Board was not consistent with the constitution.

Dr. Cann added: "The Board is a statutory body which must follow the law as it stands. It cannot stand outside the Act which created it.

"As a consequence of this separate ruling, the judge ordered the Board to remove the sanction. The Board will of course do so."

He added that the Board had acted in accordance with the law as it stood.

As reported in The Royal Gazette, the ruling on the constitutional application by Mr. Justice Kawaley meant convictions against Dr. Fay and former hygienist Keri Payne were quashed.

The Judge said in his ruling that the current laws governing dental standards were "inconsistent with the constitutional right to a fair hearing before an independent and impartial tribunal".