标签： Trinidad and Tobago

The timely delivery of justice remains a cornerstone of any progressive society, yet it is an issue that continues to plague judicial systems across the Caribbean. This concern was recently brought to the forefront by Chief Justice Ronnie Boodoosingh during his address at the Law Association’s annual dinner on November 14. His remarks underscored the fundamental right of citizens to expect fair and timely resolutions to their legal matters. However, the reality often falls short of this ideal, with cases languishing for years before reaching a conclusion. This delay not only undermines the effectiveness of the judicial system but also erodes public trust in the rule of law. The situation in Barbados serves as a stark example. Faced with chronic delays, the Barbados Parliament took drastic measures in 2019, amending its Constitution to allow for the removal of judges who fail to deliver judgments within six months. While such extreme measures may not be necessary elsewhere, they highlight the severity of the issue and the need for systemic reform. The legal community must engage in meaningful dialogue to establish clear guidelines for the timely delivery of judgments. Attorneys, who are already bound by court-imposed deadlines, could play a pivotal role in shaping these policies. Ultimately, the goal is to ensure that justice is not only served but served promptly, as delays often render legal remedies ineffective. This discussion is not a critique of the dedication or integrity of judges but a call to action to strengthen the judicial system for the benefit of all citizens.

Five former residents of St Dominic’s Children’s Home have initiated a groundbreaking High Court lawsuit, alleging decades of physical and sexual abuse during their time at the institution. The claimants, represented by attorneys Christlyn Moore, Adana Joseph-Wallace, and Joshua Hamlet, have named the Roman Catholic Archdiocese of Port of Spain, the Attorney General, the Statutory Authorities Service Commission, and a former supervisor as defendants. The lawsuit, filed on October 10, seeks accountability for the systemic failures that enabled the abuse, which reportedly occurred between 1983 and 2006. The claimants argue that their delayed legal action stems from psychological trauma and a lack of awareness of their rights, citing the 1997 Sabga Report and the 2022 Jones Report as pivotal in their delayed recognition of the abuse. The lawsuit alleges that the defendants failed in their statutory and common-law duties to protect the children, leading to years of beatings, sexual assaults, and unsafe living conditions. The claimants are seeking damages for psychological trauma, lost educational and employment opportunities, and long-term mental health injuries. The defendants have denied liability, raising limitation defenses, and the High Court is expected to address the issue of delayed claims before proceeding with the case.

The discovery of a decomposing body in an abandoned Ministry of Agriculture building in Port of Spain, Trinidad, has left authorities puzzled. On November 17, at approximately 6:30 am, an anonymous passerby alerted the Police Command Centre about a foul odor emanating from the old Surveys and Mapping Division building on Wrightson Road. Responding officers, granted access by an MTS official, found the severely decomposed remains of a man inside. The individual, of African descent with a rasta hairstyle, was shirtless and clad in brown long pants. Police noted no visible signs of violence on the body. The district medical officer declared the man dead and ordered the body to be transported to the Forensic Science Centre in St. James for an autopsy. Investigators remain uncertain how the man entered the building, as a lock was found on the front gate during a subsequent visit on November 19, with all doors and windows appearing secure. The Central Police Station has taken charge of the investigation, seeking to unravel the circumstances surrounding this mysterious death.

In a landmark ruling, Farad Mohammed, a former estate constable dismissed from the Trinidad and Tobago Electricity Commission (TTEC) in 2017, has been awarded over $1.1 million in damages. The High Court determined that his termination violated the company’s disciplinary code, marking a significant victory for Mohammed and the Estate Police Association (EPA).

Mohammed’s dismissal followed an internal disciplinary hearing in February 2017, where he was found guilty of tampering with company property. The incident occurred in October 2016 when Mohammed, while on patrol at TTEC’s Frederick Street offices in Port of Spain, noticed the emblem of a company vehicle had come loose. He claimed he placed it in his pocket to prevent it from falling off, intending to reattach it later. TTEC initially charged him with theft and tampering, though the theft charge was later dropped.

Mohammed and the EPA contested the dismissal, arguing that TTEC’s disciplinary code limited the penalty for a first-time tampering offense to a 30-day suspension with a threat of dismissal. However, the Special Tribunal upheld the termination in 2019, stating the code was merely a guide.

In 2020, Mohammed and the EPA, represented by attorneys Kevin Ratiram and Michael Rooplal, sought judicial review. On January 31, Justice Joan Charles ruled that TTEC was bound by its disciplinary code and lacked the authority to dismiss Mohammed. She overturned the tribunal’s decision, ordered his reinstatement, and directed a damages assessment.

During the assessment before Master Wrenerson Lochan, it was agreed that Mohammed’s lost earnings from 2017 to his reinstatement amounted to $924,656.79. TTEC’s legal team argued for a 40% reduction, citing Mohammed’s conduct, but his attorneys countered that the code prohibited dismissal, absolving him of responsibility. Lochan rejected TTEC’s request, ordering the full payment of $924,656.79, plus $87,355.73 in interest and $109,599 in costs, bringing the total award to over $1.1 million.