11 June

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THA LOSES TO GOVERNMENT IN COURT

THE government has won a major court battle against the Tobago House of Assembly (THA) after the Orville London-led authority filed a constitutional motion which was determined in the Hall of Justice before Justice Nadia Kangaloo. Justice Kangaloo ruled against the THA which was represented by Elton Prescott SC and Phillip Lamont while the Attorney General was represented by Seenath Jairam SC, Larry Lalla and Martin George. The judgment defined the relationship between the THA and Central Government especially when it comes to matters of policy making and enforcement by Cabinet and Central Government in respect of the areas set out in...

11 June

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‘MENTAL CASE ’ ON 10-YEAR PROBATION

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in Case Histories

by Francis Joseph A MENTALLY ILL man who pleaded guilty to shooting at three policemen was yesterday placed on a $10,000 bond and ordered to report to a probation officer on the first day of each month for the next ten years. Justice Lennox Deyalsingh, presiding in the Port-of-Spain Second Assize Court, told Clement Charles that if he breached that order, he (Charles) was liable to be brought back to court and face a ten-year prison term. Charles, of Talparo, had pleaded guilty on Tuesday to shooting at police officers Nadir Khan, Clayton Andrews and John Ramdeen on June 20, 1983, near his...

11 June

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Appeal Court judges case in record time

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in Case Histories

by Suzanne SheppardExpress, March 5, 1996LEGAL HISTORY was made yesterday after the Court of Appeal heard arguments and delivered a ruling on a conviction imposed just over three months ago in the Port of Spain High Court. It was the first time an appeal had been disposed of in such a short space of time (appeals are generally not heard until several years after the original trial). The landmark decision was delivered by Chief Justice Michael de Labastide, who presided over the hearing along with Appeal Court judges Roger Hamel Smith and Lloyd Gopeesingh. They upheld a rape convicton registered...

11 June

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THA LOSES: STILL SUBJECT TO CABINET

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in Case Histories

A major constitutional motion between the Tobago House of Assembly (THA) and central government was decided yesterday at the Port of Spain High Court before Justice Nadia Kangaloo, who ruled against the THA. The judgment defines the relationship between the THA and central government, especially when it comes to matters of policy making and enforcement by Cabinet and central government, in respect of the areas set out in the Fifth Schedule of the THA Act 1996. The THA was represented by Elton Prescott SC and Phillip Lamont while the Attorney General was represented by Seenath Jairam SC, Larry Lalla and Martin George. Speaking...

10 June

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TRHA ACCEPTS RESPONSIBILITY FOR MATERNAL DEATH

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in MEDICAL COMPLAINTS COUNCIL CASES

Brinsley Sheppard received some closure today, after the Tobago Regional Health Authority took responsibility in the death of his wife and newborn son. Luciana Sheppard and her son Ajani died on October 31st last year at the Scarborough Hospital. According to Mr Sheppard’s attorney, Martin George, the hospital first admitted to negligence, but has now accepted liability. In accepting liability, the TRHA also agreed (in essence) to compensate Mr Sheppard for his loss. Mr Martin meanwhile is calling for the public unveiling of a recently conducted report into Maternal and Infant Deaths at the TRHA Extracted From: 103fm...

10 June

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BRINSLEY SHEPPARD MEDICAL NEGLIGENCE CASE

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in MEDICAL COMPLAINTS COUNCIL CASES

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10 June

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STATUS & IMPORTANCE OF BIOSAFETY

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in Laws of Trinidad and Tobago

Legislation The Republic of Trinidad and Tobago currently has no legislation to deal with GMOs and LMOs. The Cabinet of the Government has appointed a committee to develop a national policy and regulations on biosafety. A legal sub-committee was also formed to deal specifically with relevant legislative reforms. The existing legislation was examined with a view to determine whether any of the said legislation can be amended to address the issues surrounding GMOs and LMOs. Proposed legislation will focus on protection which is required at three stages: prior to arrival of GMOs/LMOs; upon arrival; and during use. Presently a draft biosafety policy...

10 June

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LAWSUIT OVER HUSBAND’S POST SURGERY DEATH

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in MEDICAL COMPLAINTS COUNCIL CASES

A private medical institution and a specialist doctor have been ordered to pay over $18 million in compensation to former finance minister Karen Nunez-Tesheira for their alleged negligence leading to her husband’s death after a prostate operation in 2004. Nunez-Tesheira yesterday won quite possibly the highest ever payout in a medical negligence case in T&T’s history at the conclusion of an over decade-long legal battle with Gulf View Medical Centre and anaesthesiologist Dr Crisen Roopchand. Although she scored the major legal victory after overcoming numerous hurdles, including the dismissal of the lawsuit at a preliminary stage, Nunez-Tesheira will have to wait...

09 June

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ROY LAWRENCE CAESAR V SOUTH WEST REGIONAL HEALTH AUTHORITY HC 3462/2008

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in MEDICAL COMPLAINTS COUNCIL CASES

13. Name of Case: Roy Lawrence Caesar (Legal Personal Representative and Administrator the Estate of Esla Elsa Caesar) v South West Regional Health Authority HC 3462/2008 Type of Medical Negligence: Unsatisfactory Postoperative Care Date of Judgment: 19th March, 2014 Judge Presiding: The Honourable Mr. Justice Frank Seepersad CASE SUMMARY: The Claimants who are the father and Legal Personal Representative of Elsa Caesar (deceased) and the sister of the deceased and next friend of the deceased’s minor child, claimed damages under the Supreme...

09 June

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LORNE RAMSOOMAIR V THE SOUTH WEST REGIONAL HEALTH AUTHORITY AND OTHERS HC 1864/2012

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in MEDICAL COMPLAINTS COUNCIL CASES

12. Name of Case: Lorne Ramsoomair v The South West Regional Health Authority and Dr. Mondria Seenath and Dr. Deepavali Ramballack and Dr. Ashmeed Mohammed HC 1864/2012 Type of Medical Negligence: Hospital Error/ Surgeon’s Error Date of Judgment: 25th January, 2013 Judge Presiding: The Honourable Mr. Justice Frank Seepersad CASE SUMMARY: The Claimant, the Administrator of the Estate of Chrystal Naveeka Ramsoomair instituted a claim against the first Defendant as the employer of the second, third and fourth Defendants for negligence which resulted in the...

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