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Martin George & Company > Articles posted by site_admin (Page 116)

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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ON OCTOBER 10, the lawsuit filed by the family of Ricardo “Smokey” Mc Kenzie will again be called before Justice Mira Dean-Armorer in the Port-of-Spain High Court. McKenzie’s wife Lisa Mc Kenzie is named as the claimant in a $20 million medical negligence lawsuit against Medcorp Limited and Cancer Centre of the Caribbean Limited, operators of the Brian Lara Cancer Treatment Centre (BLCTC). McKenzie’s died of a suspected deadly overdose of radiation to his brain. In their claim of medical negligence, lawyers for the Mc Kenzie family have alleged that Medcorp tried to cover up the fact that sensitive radiation machines...

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Martin George – Marijuana Controversy

Attorney at law Martin George on Marijuana Controversy The police service alleged cover up of a marijuana find at the Prime Minister's residence does not augur well in restoring public confidence. [embed][/embed] So says Attorney at law Martin George. Speaking on TV6's morning edition Mr. George says the whole marijuana controversy is a PR disaster. He said it was a PR decision to keep the find on the down low which has now back fired.   Extracted From: Tv6TNT      ...

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Baptiste v. Baptiste TT [1991] HC 1

 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...

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Balraj v. Dewar TT [1994] HC 74

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...

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

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...

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