The Privy Council has granted Shelly-Ann Balwah, acting on behalf of her son Aeden Balwah, permission to appeal several findings of the Court of Appeal in a high-profile medical negligence case. The case revolves around allegations of clinical negligence during Aeden’s birth on May 19, 2002, at the Surgi-Med Clinic in San Fernando, which resulted in the child being born with cerebral palsy. The appeal challenges the Court of Appeal’s decision to uphold a High Court ruling that found the clinic and Dr. Marwan Abdulla not directly responsible for Aeden’s condition. The Privy Council will now examine whether the Court of Appeal erred in its findings regarding the timing of Dr. Abdulla’s arrival at the clinic and whether the breach of duty by the clinic and the doctor directly caused Aeden’s cerebral palsy. In January 2020, Justice Kevin Ramcharan ruled that the clinic had breached its duty of care by failing to maintain proper records and monitor Aeden’s foetal heart rate, and that Dr. Abdulla had failed to adequately inform Aeden’s mother about the risks of misoprostol. However, the High Court concluded that these breaches did not directly cause Aeden’s condition, attributing it instead to a pre-partum event. The Court of Appeal later ruled that Dr. Abdulla’s arrival at 4 am made him liable for Aeden’s condition, but dismissed the claim against the clinic. Both parties are now seeking to overturn these rulings, with a hearing date yet to be set. Kiel Taklalsingh, Stefan Ramkissoon, and Joanna Richards represented Dr. Abdulla and his mother in the case.
博客
-

AG seeks to appeal $20m payout to ex-Naipaul-Coolman accused in Privy Council
The State has petitioned the Privy Council for permission to appeal a landmark $20 million judgment awarded to nine men previously charged with the murder of businesswoman Vindra Naipaul-Coolman. This move follows the Court of Appeal’s refusal to grant conditional leave for the appeal. The application, filed in London in October, was denied on November 7, with the Court of Appeal providing its reasoning for the decision.
The case originated from a default judgment in favor of the nine men—Shervon and Devon Peters, Anthony Gloster, Joel Fraser, Ronald Armstrong, Keida Garcia, Jameel Garcia, Marlon Trimmingham, and Antonio Charles—for unlawful arrest and malicious prosecution. The State failed to defend the claim, leading to a Master’s assessment of damages totaling $18.9 million plus interest, bringing the sum to over $20 million.
In January 2021, High Court judge Joan Charles ruled in the men’s favor after the State neglected to defend the claim. However, in December 2023, Charles reversed her decision, citing improper service of legal documents to the Attorney General’s office. The Appeal Court later reinstated the compensation in June, prompting the State to seek conditional leave to appeal, which was denied.
Justice Nolan Bereaux, leading the three-member panel, emphasized that the Attorney General’s application did not meet the constitutional threshold for appeal under Sections 109(1)(a) and 109(2)(a) of the Constitution. He noted that the decision to dismiss the application to set aside the default judgment was not a “final decision” in civil proceedings and thus did not qualify for an appeal as of right.
Bereaux also criticized the State’s handling of the case, highlighting the three-year delay in challenging the default judgment and the lack of defense during the initial proceedings. He described the delay as “a problem of the respondent’s own making” and dismissed the argument that the court had inherent jurisdiction to set aside the default judgment outside the Civil Procedure Rules.
The Privy Council has yet to decide on the special leave application. The nine men are represented by Anand Ramlogan, SC, and Ganesh Saroop, while the State is represented by Rolston Nelson, SC, Ria Mohammed-Davidson, and Elena Araujo.
-

Roald Mitchell, Lindell Sween in Yorke’s World Cup qualifiers squad
Trinidad and Tobago’s men’s football team, under the guidance of coach Dwight Yorke, has unveiled its 26-man squad for two pivotal FIFA World Cup qualifiers. The matches, set to take place at the Hasely Crawford Stadium in Mucurapo, will see the team face Jamaica on November 13 and Bermuda on November 18. The squad announcement, made on November 10, includes a notable debut for 22-year-old US-born striker Roald Mitchell, who has earned his first call-up to the national team. Mitchell, who plays for New York Red Bulls II, is among five changes to the squad from last month’s qualifiers against Bermuda and Curacao. The team also welcomes back playmakers Daniel David and Lindell Sween, alongside Defence Force right-back Isaiah Garcia and veteran goalkeeper Marvin Phillip. Missing from the lineup are injured players Molik Khan and Crystal Palace’s Rio Cardines, as well as Defence Force custodian Jabari St Hillaire and strikers Isaiah Lee and Justin Obikwu. Cardines, 19, has been a consistent presence at right-back since his senior team debut in May, starting all four games in Concacaf’s final qualifying round. Khan, 21, who started in Trinidad and Tobago’s 1-1 draw against Curacao last month, was substituted at halftime. David, 22, who plays for MIC Central FC Reboot in the TT Premier Football League (TTPFL), has received his first call-up under Yorke but previously featured under former coach Angus Eve in friendlies against Guyana. Sween, 19, recently returned to Trinidad after a three-month stint with Croatian second division club NK Jarun and impressed Yorke with a goal in a practice match against the national team. The squad also includes seasoned players like Kevin Molino, Spartak Moscow’s Levi Garcia, central midfielders Daniel Phillips and Andre Rampersad, and Major League Soccer flankers Dante Sealy and Tyrese Spicer. Trinidad and Tobago currently sit third in Group B of Concacaf’s final round with five points, trailing Jamaica (nine points) and Curacao (eight points). The top three group winners will qualify for the 2026 FIFA World Cup, with the two best second-placed teams advancing to the intercontinental playoffs.
-

Windies, New Zealand fourth T20 ends in no result
The highly anticipated fourth T20 match between West Indies and New Zealand was abandoned due to persistent rain on November 10 at Saxton Oval in Nelson, New Zealand. The match was called off after two rain interruptions, leaving West Indies at 38/1 after 6.3 overs. The first stoppage occurred when West Indies were 30/0 after five overs. Alick Athanaze top-scored with 21 runs, while Amir Jangoo (12 not out) and Shai Hope (3 not out) remained unbeaten at the crease. New Zealand currently lead the five-match T20 series 2-1. The final match of the series is set to take place on November 12 at University Oval in Dunedin at 8.15 pm TT time. Following the T20 series, the teams will compete in a three-match One-Day International series and a three-match Test series, promising more thrilling cricketing action.
-

Rural Roots brings water to several St Elizabeth communities
In response to the severe water shortages caused by Hurricane Melissa, Rural Roots Corporation Limited has initiated a comprehensive water relief effort across multiple communities in southern St. Elizabeth, Jamaica. Spearheaded by CEO Junior Todd, the initiative has already delivered cases of drinking water to residents in Newell, Watchwell, Bethany, Bigwoods, Hounslow, Short Hill, and parts of Beacon and Newcombe Valley. Each household received a case of bottled water as part of the first phase of the Rural Roots Water Initiative. The project was made possible through the collective contributions of Rural Roots Corporation Limited, the Todd family, and their friends, who raised over $1 million to fund the purchase and distribution of the water. ‘Water is life, and at Rural Roots, we don’t see ourselves as just another company,’ said CEO Junior Todd. ‘We are part of this community. We understand the struggle, and we feel the hardship when access to clean water becomes difficult. This is our way of giving back and standing with our people.’ The company has emphasized that this is only the beginning, with plans to extend assistance to additional communities in the coming days. Rural Roots also expressed its gratitude to the Todd family, friends, and volunteers whose support was instrumental in making the relief effort possible. Their contributions reflect the enduring spirit of unity and resilience in St. Elizabeth. ‘As we move forward, we want the people of St. Elizabeth and beyond to know that Rural Roots will continue to stand with the community, in good times and in challenging times,’ Todd added. ‘This initiative is just the beginning of our ongoing commitment to uplift and support rural Jamaica.’ Rural Roots Corporation Limited remains steadfast in its dedication to serving Jamaica’s rural heartland, not only as a business but as an active partner in community development.
-

Plane en route to Jamaica for hurricane relief crashes in Florida – reports
A small aircraft bound for Jamaica to assist with hurricane relief operations met with tragedy on Monday morning when it crashed in a residential area of Coral Springs, Florida. According to reports from CBS News, the incident occurred at approximately 10:20 a.m. The Beechcraft King Air twin-turboprop plane had departed from Fort Lauderdale Executive Airport at 10:14 a.m., en route to Jamaica, before it plummeted into a man-made pond within the community. The crash caused damage to trees and a backyard fence of a nearby home. Emergency response teams swiftly arrived at the scene to manage the situation. As of the latest updates, there have been no reported casualties. The plane was reportedly on a mission to provide aid in the aftermath of Hurricane Melissa, which struck Jamaica on October 28, causing significant destruction across parts of the island.
-

ACP Dames says nearly 2,000 have registered their cameras in community surveillance programme
The Royal Bahamas Police Force (RBPF) has reported a significant increase in participation for its community surveillance initiative, with nearly 2,000 residents and businesses registering their security cameras. This marks a notable shift from the program’s slow start two years ago, when only 50 registrations were recorded within the first two weeks of its 2023 launch. The initiative, powered by the FUSUS platform, integrates private security systems with public CCTV feeds, body cameras, drones, and ShotSpotter technology to establish a comprehensive real-time crime monitoring network. Assistant Commissioner of Police Zhivargo Dames, who oversees information and communication technology, highlighted the program’s growth, emphasizing its role in enhancing public safety. Registration is free and voluntary, allowing participants to decide whether police can access their cameras directly or upon request. The process involves providing basic details such as name, address, email, and the number of cameras installed. Despite initial skepticism and online backlash over privacy concerns, the RBPF has continued to advocate for community collaboration in modernizing crime prevention efforts. The FUSUS system is part of a broader strategy by the RBPF to leverage technology in policing. Commissioner of Police Shanta Knowles has prioritized equipping all frontline officers with body cameras and ensuring mandatory ethics and conduct training. Currently, the force has 800 to 900 body cameras in use, with plans to acquire an additional 200 to 300 by early 2026, aiming to outfit all 3,000 officers. Mr. Dames noted that the cameras have already improved accountability and transparency, fostering greater public trust in interactions with law enforcement.
-

KEMTEK Development and Construction donates $70m in relief supplies
KINGSTON, Jamaica — In the wake of the catastrophic effects of Hurricane Melissa, KEMTEK Development and Construction has unveiled a comprehensive $70 million relief effort aimed at assisting the most severely impacted regions, including Westmoreland, St. Elizabeth, St. James, and Trelawny. This initiative underscores the company’s commitment to national solidarity during times of crisis.
-

US Supreme Court declines to hear case challenging same-sex marriage
In a significant decision, the U.S. Supreme Court on Monday declined to review a case challenging the nationwide constitutional right to same-sex marriage, reaffirming its landmark 2015 ruling. The court, dominated by a 6-3 conservative majority, offered no explanation for its refusal to hear the appeal, which was brought by Kim Davis, a former Kentucky county clerk who had defied court orders by refusing to issue marriage licenses to same-sex couples. Davis, who cited her Christian beliefs as justification, was ordered to pay substantial damages and legal fees to a gay couple she had denied service. Her case had raised concerns among LGBTQ+ advocates that the court might revisit its decision legalizing same-sex marriage, especially after its 2022 ruling overturning the constitutional right to abortion. The Supreme Court’s unsigned order, which required at least four votes to proceed, saw no dissents. LGBTQ+ advocacy groups, including the Human Rights Campaign and Lambda Legal, celebrated the decision but cautioned against complacency, noting that opponents remain determined to undermine progress. With over 820,000 same-sex couples married in the U.S. today—more than double the number in 2015—the ruling underscores the enduring impact of marriage equality while highlighting ongoing challenges to LGBTQ+ rights.
-

Trelawny resident calls on Gov’t to provide building assistance for hurricane-hit communities
In the aftermath of Hurricane Melissa, residents of Wakefield in Trelawny are appealing to the government for urgent assistance in securing building materials to rebuild their devastated homes. Courtney ‘Macky British’ McIntosh, a local resident, highlighted the severe impact of the hurricane, which left numerous properties in ruins across Wakefield and neighboring areas such as Bounty Hall, Friendship, Bunkers Hill, Dromilly, and Deeside. While financial aid has been provided by the diaspora, as well as contributions from Member of Parliament Tova Hamilton and businessman Romeich Major, McIntosh emphasized that more substantial support is needed. He praised the efforts of local leaders, including Councillor Jonathan Bartley and MP Tova Hamilton, who have been actively involved in clearing debris and restoring access to affected areas. However, with homes flattened and continuous rainfall exacerbating the situation, McIntosh urged the government to expedite the provision of essential materials like plywood and zinc to help residents rebuild at least one room to protect their belongings from further damage.
