‘Health inquiry must appear independent’

The Commission of Inquiry into the Operations and Delivery of Public Health Services in Trinidad and Tobago is still awaiting the appointment of attorneys by Attorney General John Jeremie in order for public hearing of submissions to begin. Gladys Gafoor, who chairs the commission, told Newsday, “the commission is at a standstill from the point of view of starting to hear evidence. We can only start when attorneys are appointed.” The commission had intended to recruit its own attorneys but Jeremie indicated at the end of September last year that attorneys would be hired through his office on terms he approved. Gafoor said, “We have heard nothing so far.”

She said attorneys were needed to go through the evidence which the commission has gathered, and advise on how to proceed with the taking of evidence. The people subpoenaed would be allowed to have their own legal representatives. Although the inquiry was “not really moving forward” with public hearings, members of the commission have been busy going through the information from the visits to health institutions. Gafoor said the commission has submitted an Aide Memoire to President George Maxwell Richards, advising on the status of the inquiry and outlining the “obstacles” being experienced. A source speaking on condition of anonymity told Newsday that the commission may not appear to be impartial with the Attorney General, a Government minister, appointing the attorneys.

“I feel the chairman and commission should appoint members of staff, otherwise the commission will not be seen as independent.” The source also wondered what would happen if the AG’s office appointed lawyers who are not sufficiently experienced and competent enough to carry out the commission’s work. Gafoor said the persons summoned to give evidence would be cross-examined by the persons against whom complaints were made. Asked how much longer the Inquiry would take, Gafoor admitted that the terms of reference of the commission were very wide and the time taken would depend on how much evidence was taken and the collation of notes. Gafoor “personally” hoped that the inquiry would not “go beyond August.”

Among the terms of reference the examination of the adequacy of existing public health care facilities to meet the demands of the public including the special needs of the elderly, visually impaired and handicapped; the adequacy and quality of the health services provided by professional and non-professional staff of public health facilities. Next month makes it one year since Gafoor assumed chairmanship of the commission. Her predecessor, Hector McLean, resigned in January last year for health reasons, and has since died. Although the commissioners were appointed in June 2004, their work was stymied from the start due to unavailability of a venue and changes in membership. Newsday contacted the AG’s office for comment and an official disclosed that four attorneys are to be named to the commission by the end of this week.