A public inquiry into the conduct of a Ballito paramedic was halted last week just before closing arguments when he asked to change his lawyer and requested a retrial.

IPSS Medical Rescue paramedic Gareth Buckenham appeared before a Health Professions Council (HPCSA) inquiry relating to the treatment of Ballito resident Adrian Garvey after an accident in June 2020.

The inquiry is being held as Buckenham and his employer refused to pay a R15 000 fine imposed last year by the HPCSA for unprofessional conduct and mistreatment of a patient.

The inquiry is being chaired by advocate Tshepo Boikanyo with a five-member panel, and is being conducted virtually.

Garvey, a former Sharks and Springbok rugby player, dislocated his hip in a fall from the balcony of his Simbithi home early in the morning on June 25, 2020.

His wife, Melisa, called IPSS Medical Rescue and requested Buckenham, when he arrived, to take her husband to Alberlito Hospital, the nearest hospital in Ballito.

Garvey testified at the inquiry, which began on November 25 last year, that he had instead been taken to Victoria Hospital in Tongaat.

He said Buckenham told Melisa that Alberlito was not taking in patients and his control room had diverted the ambulance to Victoria.

“I spent 6 hours there. I was in the most terrible pain. It was a nightmare,” Garvey said.

Two attempts to relocate his hip failed, and eventually Garvey’s personal doctor ordered his transfer to Gateway Hospital in Umhlanga where he was successfully treated.

Also read: Ballito paramedic censured for mistreatment of ex-Springbok

Over the next few days, Garvey said he had been given various reasons by Buckenham and IPSS operations director Paul Herbst for their actions.

They claimed Alberlito had no available beds, no orthopaedic surgeons were on duty and the hospital’s X-ray machine was broken.

Garvey said he had laid the complaint with HPCSA because he did not want any other Ballito resident to be mistreated the way he had been.

Alberlito general manager, Thulasizwe Mngadi, testified that none of the reasons given by the paramedic company were true and the hospital would have admitted Garvey immediately.

The switchboard had not taken any calls from the IPSS Medical Rescue control room at that time.

Control room operator Dilan Maharaj testified he had called the Alberlito trauma unit directly at 2.10am, where a nurse had told him there were no available beds.

Asked by HPCSA advocate Meshack Mapholisa if he had proof of the conversation, Maharaj said he did not as the company’s computerised call recording system had been corrupted. He was unable to name the nurse he said he had spoken to.

Under cross-examination, Maharaj recanted and said he had been put through to the trauma unit by the hospital switchboard.

However, cellphone records produced by Adv Mapholisa showed that a call from the control room cellphone had been made to the hospital switchboard at 2.27am and not earlier as claimed, and only after Buckenham had been told to take Garvey to Victoria.

The inquiry was presented with evidence that IPSS Medical Rescue directors Paul Herbst and Samantha Douglas were at the time also directors of the Victoria Hospital casualty unit, with their names appearing on casualty unit stationery.

The parnership was deregistered 2 months later.

Garvey said he believed the reason for the diversion had been fabricated so that he would be taken to Victoria because of the business relationship.

Buckenham testified he had worked for IPSS for 3 years. He had taken Garvey to Victoria on instructions from his control room.

He had never been told by Herbst where patients should be taken and had not known Herbst and Douglas were directors of the casualty unit until that day.

“I knew there was a relationship, but not that they had shares. We brought them (Victoria) a lot of patients.”

Adv Mapholisa challenged him on this: “It is highly improbable after 3 years that you did not know that Herbst was a director there,” he said.

Herbst and Douglas did not testify, with Herbst withdrawing from the witness list.

The inquiry was adjourned to this year for closing arguments and judgement.

However, in a surprise move, the inquiry heard that Buckenham wanted to change his lawyer, Adv Victor Voorendyk, to be replaced by Adv Ian Dutton, a medical law specialist.

Adv Dutton said he would be pushing for a new hearing, but did not provide reasons.

The inquiry is to resume on February 18, when the chairman will rule on the admissability of a new inquiry.

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