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Struck off dentist appeals to Governor

The Bermuda Dental Board found him guilty of "disgraceful conduct in a professional respect'' after his fraud conviction.But now he is appealing to new Governor Thorold Masefield to get the decision overturned.

dental practitioners.

The Bermuda Dental Board found him guilty of "disgraceful conduct in a professional respect'' after his fraud conviction.

But now he is appealing to new Governor Thorold Masefield to get the decision overturned.

"One way or other I am going to work in this Country,'' Dr. Godwin told The Royal Gazette yesterday.

"I don't think my offence warranted being struck off the register.'' Dr. Godwin is applying for permission to convert a building at 41 Parsons Road into a dentist office.

And he has written to Cabinet Secretary Leo Mills, hoping to meet Mr.

Masefield face to face.

In the letter he stated: "Sir, there are very serious, very profound and very just reasons for appealing the Board's decision.

"With this in mind and with the weight of the evidence to be heard, I am respectfully requesting an audience with the Governor to discuss in person my reasons for appealing the Board's decision.'' Dr. Godwin said Section 25 of the Dental Practitioners Act enabled him to appeal the Board's ruling to the Governor.

In 1995, Dr. Godwin was found guilty of four charges of intent to defraud Somers Isles Insurance in a bid to gain more than $3,000.

Magistrates' Court heard he made sure patients got the right treatment by filing false insurance claims.

The money was gained through the practice of "cross charging'' -- carrying out one form of work, but actually claiming for another, the court heard.

Dr. Godwin, a university graduate who set up private practice in 1988, told the court it was a common practice within dentistry.

He admitted to Police he put work on forms that had not been done. And when asked why, replied: "In order that the patient could claim for work that needed to be done, but which the insurance company would not pay for.'' Dr. Godwin, 40, of Jubilee Road, Devonshire, appealed his sentence and had it reduced from $6,000 to $2,000.

But the appeal against conviction was dismissed.

At the time Dr. Godwin vowed to go to jail as a "matter of principle'' rather than cough up $2,000 -- but yesterday he said an anonymous person had paid the fine.

In a letter dated April 1, 1997, to the Bermuda Dental Board -- the body overseeing dentistry in the Island -- Dr. Godwin argued why he should not be struck off.

He stressed his offence did not cause or result in physical danger or harm to the public.

"Neither the investigating Police officer nor the two Crown prosecutors during the trial and the appeal argued that my character or behaviour was such that striking off was warranted.

"In fact, the opposite was true, as both prosecutors and both judges expressed their desire to see these `unfortunate circumstances' put behind me so that I could continue my practice as soon as possible.'' He added: "The only insurance company to register a complaint against me was Somers Isles and unbeknown to most people, we had resolved our hostilities long before the trial began and even during the trial they stated that our working relationship was a good one.

"After having been out of practice 18 months already, with six more months anticipated before reopening my new practice, I see no pragmatic reason for striking me off the register.'' Dr. Godwin also stated there was a shortage of experienced, qualified Bermudian dentists on the Island.

"Dear colleagues, I know the anxiety this trial has caused me, my family, my patients, the public and you my dental colleagues.

"Had I known that my behaviour, benevolent and good intentioned as it was, was going to cause the anxiety that it did, I never would have acted so.'' He learned of the decision to strike him off in a May 15 letter by the then Acting Permanent Secretary of the Ministry of Health, Edward Dyer.

It said: "I regret to inform you that the Bermuda Dental Board has decided that your name should be struck off the register of dental practitioners in accordance with the provisions of Section 14 of the Dental Practitioners Act, 1950.

"The Board found you guilty of conduct, disgraceful in professional respect as a result of your conviction last year for fraud.

"You should be aware that I am required to cause your name to be struck off the register ten days after giving you notice, unless you appeal the Board's decision.

"Under Section 25 of the Act you may appeal to the Governor by notice in writing addressed to the Secretary of the Cabinet, within seven days of receiving this notice.'' Dr. Godwin told The Royal Gazette he wanted to clarify how long the Board intended striking him off.

"It could be for six months or indefinitely. I don't know.'' Board secretary Dr. Nigel Chudleigh declined to comment yesterday, referring inquiries to chairman Dr. Kenneth Snaith.

Dr. Snaith, believed to be off the Island, could not be reached for comment.