09 May

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Former Chief Justice wise proposal.

THE PROBLEMS plaguing the prison system are hardly new. But a recent proposal made by former Chief Justice Michael de la Bastide offers the State a fresh solution to one defect which the system suffers from. In an interview with Newsday published last Thursday, the former Chief Justice put forward a new approach to cases involving persons left waiting in jail for periods longer than the sentence they face. He suggested these persons be granted “own bail”, or bail which would not require security. The prisoner would pay a deposit to be held by the State. Should the prisoner abscond, the...

04 May

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Brinsley Shepard v TRHA

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in Case Histories

REPUBLIC OF TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE Claim No. CV2015-00565 BETWEEN BRINSLEY SHEPPARD (Legal Personal Representative of the Estates of Leciana Mitchell-Sheppard and Ajani Merrie Sheppard) Claimant AND TOBAGO REGIONAL HEALTH AUTHORITY Defendant ORDER Before Master Marissa Robertson Dated the 8th April, 2016. UPON this matter coming up for a Case Management Conference on Assessment of Damages. AND UPON HEARING Attorney-at-Law for the Claimant and Attorney-at-Law for the Defendants. IT IS ORDERED that: 1. The Defendant is to file in a sealed envelope a true and correct copy of the completed original Report on the enquiry headed by Dr. Albert Persaud into the circumstance surrounding the deaths of Leciana Mitchell-Sheppard and Ajani Marrie...

30 November

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ATTORNEY: STATE MUST HAVE “CLEAR, COGENT” EVIDENCE ON 11 ACCUSED

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Attorney Martin George says he hopes that the State is well-prepared for its case against the 11 persons charged with the murder of Dana Seetahal and who have also been charged under the Anti-Gang Act. Noting that during the 2011 State of Emergency, several unsuccessful attempts were made to charge persons under the Act, he said the State must do several things to prove that these persons were part of a gang. "This time around, particularly in relation to such a high profile case, they would obviously have dotted every 'i' and crossed every 't.' In other words, I would imagine they...

25 August

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Baptiste v. Baptiste TT [1991] HC 1

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in Laws of Trinidad and Tobago

Case Name : Baptiste v. Baptiste TT [1991] HC 1 Judge: Sealey J Subject: Family Law Country: Trinidad and Tobago Facts In this case the petitioner alleged that she was forced to leave the matrimonial home with the two female children of the family ages 10 and 5 respectively on the 4th day of July 1990. The petitioner stated that she was no longer able to bear the severe physical and mental abuse she was made to suffer at the hand of the respondent. At the time of the hearing, the petitioner resided in the home of her mother. Due to limited space she and her daughters shared one...

25 August

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Balraj v. Dewar TT [1994] HC 74

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in Laws of Trinidad and Tobago

Case Name: Balraj v. Dewar TT [1994] HC 74 Judge: Shah. J Subject: Family Law Country: Trinidad and Tobago Facts In this case the grandmother of Keisha Murisha Dewar ( a minor) applied for custody of the said minor pursuant to the Family Law Act. The minor’s biological father, the respondent in the case, also applied for custody of the said minor. When the minor was still an infant she was left in the care of her grandmother by her biological father and mother. She grew up not knowing her father, mother and siblings. The minor’s biological mother later died in a car accident and...

25 August

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Chong Tai v. Chong Tai TT [2012] HC 77

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in Laws of Trinidad and Tobago

Case Name: Chong Tai v. Chong Tai TT [2012] HC 77 Judge: Mohammed, J Subject: Family law Country: Trinidad and Tobago Facts The parties were married on 18th February, 1995. The marriage lasted for a period of thirteen years. Sometime in 2003 the marriage broke down and the parties began sleeping apart although they were still having sexual relations up until 2008. There are two minor children of the family, namely, Lorraine Chong Tai who is now aged 14 and Kevin Chong Tai who is now 12 years old. The parties are now divorced. The children reside with the mother. The petitioner/wife was employed as a...

25 August

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Abdulla v Abdulla TT [2011] HC 173

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in Laws of Trinidad and Tobago

Case Name: Abdulla v Abdulla TT [2011] HC 173 Judge: Ramkerrysingh, J. Country: Trinidad and Tobago Subject: Family law Facts The unique feature of this case is that the main capital assets which comprise (1) the former matrimonial home situate at 60 Western Circle Westmoorings, (2) the Husband's company Printables, and indeed virtually the family's entire lifestyle and business investments over the years have largely been provided by a third-party benefactor (that is, the wife’s stepfather) who, throughout the marriage provided the financial security and stability for this family over and above either of the parties themselves. The step-father’s involvement can only be accredited to...

25 August

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Asiodu v. Asiodu TT[ 2011] HC 342

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in Laws of Trinidad and Tobago

Case Name: Asiodu v. Asiodu TT[ 2011] HC 342 Judge: Lambert Peterson, J. Country:Trinidad and Tobago Subject: Family law Facts By Application relating to Children, the petitioner sought custody, care and control of the children of the family Xavier born on the 6th November, 1996, Gabrielle born on the 25th September, 2000 and Ysabel born on the 7th July, 2003. The petitioner asked that the respondent whether by himself, his servants and/or agents be restrained from removing the children of the family from the petitioner's care and control and from the jurisdiction of Trinidad and Tobago; and that the respondent pay to the petitioner periodical...

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