Cancer victim: ‘I am going to die’

TIME is running out for cancer victim Fareid Mohammed. This Thursday, Mohammed is scheduled to undergo a major operation in Miami. But he needs $2 million to settle a bill for two previous operations, as well as to pay for this week’s operation. Mohammed has taken his family business Warner Grain Mills Limited to court seeking close to $30 million which he claims is due to him. He also sought an interim order for the release of $2 million to pay the medical bills.

The case was called last Tuesday in the Port-of-Spain Chamber Court but adjourned to February 1 next year. The issue of the interim order was not raised as the defendants put in a notice that they intend to raise that Mohammed’s summons was an abuse of process. The adjournment of the case has sent shivers up Mohammed’s spine. “If I don’t leave for this operation, I am going to die,” Mohammed told Sunday Newsday on Friday. “I was really hoping that the court would have made an order so I could have gotten this money. February is too far away... I could be dead by then. I cannot do anything at this stage, but just sit here and wait to die.” Mohammed, 47, of Grenada Avenue, Federation Park, is fighting to save his life due to a rare cancer, known as Chondrosacroma. He had two major traumatic radical surgeries between October 2003 and June 2004 in the United States.

So serious is his condition that his Miami doctor has written to him. In a letter dated December 2, Dr Alan Livingstone, Chief, Division of Surgical Oncology, Miami, wrote, “the continued swelling and bulge on your left lower abdomen and back are clear indications of the spreading and deterioration of the said recurrent tumour. We have been able to reschedule and obtained another earliest surgery in December 2004 that is already months overdue and absolutely necessary at this time.” The doctor continued, “we can no longer delay further. Please avoid any more unnecessary stress-related problems which will continue to create a negative impact to your existing condition.” Mohammed should have been undergoing preliminary tests in Miami from Friday to tomorrow with surgery fixed for Thursday.

But that is impossible, according to Mohammed. He said the adjournment of the case last Tuesday without a hearing has left him and his wife Linda devastated. “Linda was crying after the adjournment, I went home and slept. I kept wondering how long I have to live.” Mohammed, a 20 percent shareholder in the family business, said he went to court last week hopeful that he would have gotten the money. “That money means a lot to me right now. My life depends on that money.” Mohammed continues to fight. In the last two days, Mohammed has moved from Martin George, to Frank Solomon SC, and Douglas Mendes SC. He hopes that something can happen this week for him to make the journey to Miami for the operation at Jackson Memorial Hospital. In his legal battle with Warner Grain Mills, Mohammed is seeking an order that:
(a) Warner Grain Mills produce to him within seven days, updated financial statements.
(b) A declaration that the company is in breach of the provisions of Section 155 (1) of the Companies Act in relation to him, in that for the years 2000 to 2004, no such documents have been sent to, or received by him as a shareholder of the company.
(c) A declaration that the business or affairs of the company has/have been carried out in a manner that is oppressive or unfairly prejudicial to, or unfairly disregards the interest of the plaintiff as a director/shareholder of the company.
(d) A declaration that the powers of the directors of the company have been exercised in a manner that is oppressive or unfairly prejudicial to or unfairly disregards the interests of the plaintiff as a director/shareholder.
(e) An order that the court do appoint a receiver/manager to look after the affairs of the company.
(f) An order of the court creating or amending a unanimous shareholder agreement among the shareholders of the company.
(g) An order of the court appointing directors for the company.
(h) An immediate order that the company make an interim payment to Mohammed for costs including legal fees and disbursements for urgent medical expenses which stand at $2 million.
(i) the company be ordered to restore Mohammed as a director.
(j) the company compensate Mohammed for loss of dividends on his shareholding and for loss of earnings on his shares and for loss of benefits, stipends, and perquisites as a director.
(k) An investigator be appointed to investigate the affairs of the company.

On December 6, attorneys for Warner Grain Mills, filed an application in the High Court to strike out Mohammed’s claim on the ground of abuse of process. The company is also seeking costs from Mohammed. Warner Grain Mills contends that Mohammed’s case raises essentially the same issues as those he raised in another matter filed in 2002. The company argues that the first case was compromised and settled on terms contained in the exchange of letters between attorneys for the parties on December 12, 2003 and December 16, 2003. Warner Grain Mills further contends that Mohammed has agreed to withdraw that first case with no order as to costs, and to transfer to the company his entire legal and beneficial ownership in the shareholding of the various companies, and to resign where necessary as a director of any of the companies.