Doctor convicted of sex offence tells Medical Council ‘I was framed’

-failed to disclose registration had been revoked

Guyanese physician Dr. Vishwamintra Persaud, who is battling to remain in practice here following revelations about his conviction in the US for a sexual offence, had told the Guyana Medical Council that he was framed by his wife and a young female relative.
Persaud had proclaimed his innocence in a statement he sent to the Council last September while giving his explanation as to why the Department of Health was refusing to give him a Certificate of Good Standing so he could work in Guyana.
But Dr. Persaud failed to reveal that his registration had been revoked, and reportedly submitted an expired registration to the Guyana Medical Council.
Dr. Persaud was reportedly given institutional registration, which meant that he could only practise at the GPHC.
In his statement to the Medical Council, a copy of which was obtained by Kaieteur News, Dr. Persaud said that he and his wife were having marital problems revolving around infidelity.
“We are almost divorced at this time,” the statement said.
The physician stated that in 2008, he slapped his five-year-old son after the child “repeatedly hit me on my shin, and subsequently he slapped me.”
He said that this led to the teacher questioning his son about his face the following day. He said that the matter was reported to Social Services, who questioned his wife and my step kids as well.
He explained that his wife has a 17-year-old daughter from a prior marriage.
“Due to the fact that my wife was angry at me over our marital issues, she and her daughter unknowing to me framed me, making allegations that I had on a few occasions touched (a female relative of his wife’s) inappropriately,” the statement said.
“During that time Child Services and detectives didn’t have a reason to arrest me, so they wire-tapped my phone and for a week tried to get a confession from me over the phone.
“They also confiscated my computer from my home and did forensic searches for anything incriminating.
“They found nothing. So the next step my wife did was she called me on phone (mind you she had left with her kids including ours, my five-year-old) and my wife said to me that if I want our marriage to work and to see my kid again that I should speak the truth.
So she asked me a series of questions to see if I was having sex with any minors, which I wasn’t so I replied no to all questions.
“Finally she just blurted out, ‘did you ever touch … on her butt or vaginal area, yes or no?’”. So I said “Yes, that’s a ridiculous question because I play with our kids ( I have a 16-year-old boy as well) and I have piggy backed them many times, wrestled, and played numerous times and I have inadvertently touched all of our kids like that.” “That was reason enough for my arrest. I was released after 20 hours and subsequently charged with attempted course of sexual misconduct against a minor. My lawyer advised me to take plea bargain so we could try to save my medical licence.
“Unfortunately, my case was tried in Long Island, a white kangaroo court that is very prejudiced. I was given a class E felony, the lowest class.”Dr. Persaud stated that he then went to the Department of Health, which stated that “while I was an excellent doctor and had no malpractice case against me that they just needed to make sure that I was not a threat to my patients.”
“I voluntarily went to a forensic psychologist who clearly said I was no danger to society but they did not care. Also I went to individual and group therapy for two years, and I am eligible to reapply for my license in December 2011.
“However, I have left the USA to come work here in Guyana. I have contacted Department of Health to obtain a Certificate of Good Standing.
They said they cannot give me one saying that I am in good standing. All it would say is my name, when I got my license and that I was charged with attempted course of sexual conduct.”
“I am very confident that if I am given an opportunity to work under the supervision of Dr. Doobay and Dr. Rambarran at Public Hospital you will see that I would be a great asset to the hospital and Guyana as well,” the statement concluded.
Health officials and members of the disbanded and new Medical Council have given conflicting reports as to whether they knew from the inception that Dr. Persaud was a convicted sex felon.
Director of Medical Services Dr. Madan Rambarran had told Kaieteur News on Thursday that the Council and GPHC officials knew “up-front” that Dr. Persaud was a convicted sex felon and that his licence had been revoked.
He said that the Council used its “discretion and judgment” and licensed him, while the GPHC also “exercised its judgment” and registered him.
But members of both the disbanded and recently sworn in Medical Council say that they were unaware of the physician’s conviction in the US. “He submitted an expired registration. He did not say that his registration had been revoked,” a member of the Council said yesterday.
“He gave us an expired registration which he claimed was valid. He should have returned it. He misled the Council.
“According to our law, you must be registered in the country from which you came.”
Dr. Rambarran had told Kaieteur News that Dr. Persaud will remain on the job pending the outcome of an investigation by the Medical Council.
Dr. Rambarran said that the investigation stemmed from recent circulating emails which insinuated that there is new information about the convicted physician.
Meanwhile, the GPHC official said he believes that the physician, Dr. Vishwamintra Persaud, “does not pose a risk to the population.”
According to Dr. Rambarran, “the evidence is that the incident for which he was convicted relates to one child. It is not as if there is a pattern of molestation of children… at least that is the information that we have.”
Documents obtained by Kaieteur News show that Dr. Vishwamintra Persaud, formerly of Lot 308 A East 15th Street, New York, was authorised to practise medicine in New York on August 14, 1997, by issuance
of licence number 207867.
On April 18, 2008, in the County Court of the state of New York, the physician pleaded guilty to an attempted course of sexual misconduct against a child of the second degree, in violation of New York penal law Section 110 and 130(1) (b); a class E felony.
The incident is said to have occurred in 2003 and ended in 2007.
On June 11, 2008, Dr. Persaud was sentenced to an eight-year order of protection (a term most commonly used in reference to domestic violence, harassment, stalking or sexual assault.)
He was also sentenced to ten years probation, a US$2,500 fine and various fees and surcharges.
During a hearing on November 19, 2008 before the New York State Board for Professional Medical Conduct, Dr. Persaud admitted that he had committed a crime, but argued that he should not lose his licence because of the exceptional quality of his? medical practice and because therapy had transformed him into a person that would not commit a similar act.
The three-member Committee dismissed these arguments. After the hearing, the State of New York Department of Health ordered the Guyanese physician to hand over his licence and registration certificate to the Board of Professional Medical Conduct.

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Doctor lied to Medical Council

Dr. Vishwamintra Persaud

To remain on job pending probe – Dr. Rambarran

Director of Medical Services at the Georgetown Public Hospital Corporation (GPHC), Dr. Madan Rambarran, says that the US-trained physician who is a convicted sex offender will remain on the job at the GPHC pending the outcome of an investigation by the Medical Council.
Meanwhile, Dr. Rambarran is of the belief that the physician, Dr. Vishwamintra Persaud, “does not pose a risk to the population.”
In an interview last night with Kaieteur News, Rambarran stated that the Medical Council and officials at the GPHC knew “up front” that Dr. Persaud had been convicted in a New York court for a sexual offence against a minor.
“Dr. Persaud applied for a licence and the Medical Council exercised its judgment and issued him a licence, and the hospital exercised its judgment and gave him a job,” Rambarran said. “Up front when he sought employment we knew (of the sexual conviction).”
“The licensing body (Medical Council) was aware that he had legal problems in New York, which resulted in his licence being revoked.
They used their discretion and judgment and licensed him, and the hospital has registered him. To date, on the job itself, we have no evidence that he has done anything wrong medically or otherwise.”
Kaieteur News understands that Dr. Persaud has been working at the GPHC for about two months.
Dr. Rambarran said that the Medical Council was now investigating Dr. Persaud because of recent circulating emails which insinuated that there is new information about the convicted physician.
“The Medical Council will look at it to see if there is really new information…but immediately there is no evidence that there is need to abrogate his licence or suspend his employment.”
But when contacted last night, some sources within the Medical Council angrily denied knowing from the inception that Dr. Persaud was a convicted sex offender.
Kaieteur News was told that Dr. Persaud had submitted a registration certificate that expired in September 2010 to the Medical Council.
According to the source, in his written explanation to the Medical Council, the US-trained physician had claimed he was suspended because of a problem with his divorce.
“He deceived the Medical Council,” one of the sources said.
“The council is sticking to the law which says he should be registered in the country where he graduated to be eligible for registration here.”
After receiving information about his conviction in the US, the Council reportedly wrote to Dr Persaud on Monday and asked him to respond within seven days.
Kaieteur News was told that while many persons in the present Council want Dr. Persaud’s registration revoked, another faction wants him to remain licensed.
One source said that a senior official at the GPHC has asked the Council to wait until the Council’s lawyer returns from overseas in two weeks’ time.
According to Dr. Rambarran, Dr. Persaud’s clinical expertise is not being questioned.
“The issues (of his sexual abuse conviction) were there but it is our discretion that he does not pose any huge risk to the population and that he actually brings a certain competence (to the GPHC).”
“In my best opinion…I don’t believe that he poses a risk. The evidence is that the incident for which he was convicted relates to one child. It is not as if there is a pattern of molestation of children… at least that is the information that we have.”
Asked if he would be comfortable with Dr. Persaud treating a daughter of his, Dr. Rambarran said: “Yes, based on what I know now.”
He agreed that the local medical fraternity should hold itself to the same high standards as those in the US, where Dr. Persaud was trained. But he asserted that “we don’t have to rubber-stamp that judgment (against Dr. Persaud) because that judgment may not entirely apply to us.”
Documents obtained by Kaieteur News show that Dr. Vishwamintra Persaud, formerly of Lot 308 A East 15th Street, New York, was authorised to practise medicine in New York on August 14, 1997, by issuance of licence number 207867.
On April 18, 2008, in the County Court of the state of New York, the physician pleaded guilty to an attempted course of sexual misconduct against a child of the second degree, in violation of New York penal law Section 110 and 130(1) (b); a class E felony.
The incident is said to have occurred in 2003 and ended in 2007.
On June 11, 2008, Dr. Persaud was sentenced to an eight-year order of protection (a term most commonly used in reference to domestic violence, harassment, stalking or sexual assault.)
He was also sentenced to ten years probation, a US$2,500 fine and various fees and surcharges.
During a hearing on November 19, 2008 before the New York State Board for Professional Medical Conduct, Dr. Persaud admitted that he had committed a crime, but argued that he should not lose his licence because of the exceptional quality of his medical practice and because therapy had transformed him into a person that would not commit a similar act.
Arguing further to show why he would not be a threat to his patients, Dr. Persaud had told the Committee that the victim was a child and that his patients were adults.
He also noted that the sexual abuse had not occurred at work.
In addition, the Guyanese physician told the Committee that when the court sentenced him, he was labeled a level one sex offender, which is the lowest level of sex offender, and one who is deemed least likely to commit the offence again.
The three-member Committee dismissed these arguments. It also dismissed testimony of a therapist who was treating the Guyanese physician and who stated that Dr. Persaud was responding to therapy.
The Committee members concluded that “no matter how skilled physician he is, his sexual crime makes him an unacceptable risk to the people of NY York State. His licence must be revoked.”
After the hearing, the State of New York Department of Health ordered the Guyanese physician to hand over his licence and registration certificate to the Board of Professional Medical Conduct.

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