Gopeesingh case dismissed, again

An application by the State  to reinstate nine charges against  former chairman of the North/West Regional Health Authority (NWRHA) Dr Tim Gopeesingh, was thrown out yesterday by High Court judge Justice David Myers.

The judge set aside his  ruling on December 9, 2002, granting the Director of Public Prosecution (DPP) leave for judicial review and dismissed the substantive application which was heard on  Thursday and  yesterday.  Myers also announced that the State went the wrong route seeking remedy for their complaint. He said the more efficient and cheaper process for their remedy was by way of an  appeal to the Court of Appeal and not by Judicial Review. However, he made it clear that when he granted leave for judicial review he was not mislead by Deputy State Solicitor Marc Terrence Thorn, about the relevance of section 36 of the Supreme Court of Judicature Act which give clear and direct access to the Court of Appeal for remedies as the one sought before the court.  Myers also awarded costs for senior and junior attorneys  to Gopeesingh who had joined the proceedings as an “intervener.”  That is to say, the respondent (defendant) in the matter was Chief Magistrate Sherman Mc Nicolls, but because the result of the application would severely affect Gopeesingh, he joined the proceedings as an intervener. In awarding cost, Myers noted the nature of the direct and potential effect the result of the proceedings would have on the liberty of Gopeesingh.  He reasoned that citizens must not be discouraged to call upon the Courts to defend their constitutional right to liberty.  Although Thorn does  not need the Court’s leave to appeal, he did not  indicate  whether the State would do so. But Myers promised to move speedily and put his extemporaneous judgement into writing if there is going to be an appeal.

Gopeesingh was charged with misbehaviour in public office which stated that during December 12, 1999 to July 12, 2000, as NWRHA chairman, he dishonestly and obliquely entered into a contract of employment with Ramesh Sharma dated July 14, 2002, on behalf of the NWRHA. He also entered similar contracts with Reynold Makhan and Ranjit Sookdar who were all managers with the NWRHA.  During the hearing of the preliminary inquiry Gopeesingh’s defence team led by Russell Martineau SC, noted that under the RHA act no duties were assigned to the chairman except to chair meetings and dispatched certain circulars. In light of this, it was  argued that the State could not accused Gopeesingh of breaching any section of the Act because the Act did not specify or gave the chairman any duties. And the chairman being a creature of a statute, the statute  should have listed his duties and penalties that go with breaches of those duties. Therefore, in law,  the charges laid against him are non-existent. As a result the State could not bring evidence to show exactly what rule or regulation the chairman had breached.