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Martin George & Company > Articles posted by site_admin (Page 113)

‘Case not closed’

IN THE SENATE on Tuesday, Attorney General Faris Al-Rawi made a telling admission. “It isn’t that we don’t have a right to privacy,” he told Independent Senator Paul Richards. “What I explained was that it is a qualified right and that the Judiciary has recognised that and called for better legislation to deal with privacy.” Mere days before, Al-Rawi had made a jaw-dropping claim. Far from saying there was a right to privacy – qualified or otherwise – the Attorney General told the country the right to privacy did not even exist as a right entrenched in our Constitution. “There is no enshrined right...

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No simple matter

THE LEGAL measures governing the current speed limit go as far back as 1956. Much water has passed under the bridge since then. As such, we welcome Works and Transport Minister Fitzgerald Hinds’ disclosure that the matter of the 80 kilometre per hour speed limit is under review. Last week in Parliament, the minister was careful not to rule out raising the maximum speed. At the same time, he was not precipitous. A decision like this cannot be made rashly. It must be done on the basis of advice from technical experts at the Ministry of Works. And it must factor in...

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The rights of the foetus

THE ZIKA virus and its implications for pregnant women have set in train further debates about a woman’s right to abortion. The issues are complex and it is possible that there will never be consensus. It is only common sense that a pregnant woman cannot be placed in a position as existed in Ireland in 2012 when a 31-year-old Indian dentist, Savita Halappanavar, died due to complications of a septic miscarriage and because the hospital staff hesitated to abort the foetus since it might not be legal. According to legal experts in Trinidad and Tobago, common law precedents already provide for...

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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...

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Brinsley Shepard v TRHA

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...

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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...

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