I refer to your report on the Medical Council's reply to my Appeal against the Medical Council's decision in the Court of Appeal (TMI 6 August 2009).

The Medical Council opened an official enquiry on my case on 15 July 2005 and issued its sentence on 1 July 2009. See the Medical Council case sentence page one dated 1 Jul 2009 and page two paragraph six confirming that the case opened on 15 July 2005

By law the Medical Council had to conclude the inquiry within a period of two years i.e. by no later than 15 July 2007 - vide article 31(4) below:

Health Care Professions Act

31 (4) For the purposes of the foregoing provisions of this article, the relevant Council shall conclude the inquiry within a period of two years from the day on which any act of the inquiry proceedings is served on the party accused in respect of the fact or incident with which he is charged, except where the delay is occasioned through no fault of the relevant Council.

The President of the Medical Council has therefore failed to carry out her function imposed upon it by this act.

I will continue to insist that Dr Josella Farrugia, who signed the sentence against me, must resign. Dr. Farrugia is a political appointee and in my opinion she is not up to the task of being President of the Medical Council.

In my view her appointment is a continued embarrassment to the prime minister - she should do the only honourable thing left open to her in the circumstances - admit that she made a mistake, and offer her resignation.

The longer she persists in her error - the more damage she continues to inflict on her own reputation and to this government.

The Medical Council has not shot down my appeal - on the contrary Dr. Farrugia has been hoisted by her own Petard

Meantime the general public is advised that Dr Louis Buhagiar remains suspended because of the repeated complaints I received about his excessive fees.

Dr Frank Portelli MD FRCS (Ed)

Director & CEO

St Philips Hospital