Mystery surrounds lawsuit against Prisons

THE State was yesterday forced not to represent prison authorities in challenging a lawsuit filed  by a man of the Muslim faith who alleged that his beard was illegally shaved while in jail. Two years have passed since Ansarie Mohammed filed the lawsuit on religious grounds, but prison authorities are yet to inform the Chief Solicitor General’s Office about their intentions to challenge the lawsuit. Not even Justice Prakash Moosai’s intervention on Wednesday via telephone contact through the judge’s secretary was able to evoke a response from prison authorities on whether or not they wanted to challenge Mohammed’s lawsuit.

When the case was called before the judge yesterday for the third time this weeked, State attorneys left the First Civil Court in San Fernando after telling Justice Moosai they could not represent the Commissioner of Prisons because they received no response to enquries on whether the authority needed representation. Justice Moosai was forced to hear the case for Mohammed and yesterday announced that judgment would be delivered soon. Mohammed, 39, of Lengua Road in Barrackpore, was imprisoned at the Frederick Street prison in Port-of-Spain on September 3, 2003, for non-payment of maintenance to his wife. In judicial review proceedings filed by attorney Sunil Gosine in the Sub-Registry in San Fernando, Mohammed claimed his face and beard were shaved twice by prison personnel.

Gosine submitted to Justice Moosai that rule 248 of  the Prison Rules, Chapter 11 number 7 of the Laws of Trinidad and Tobago, states: “The hair of a Mohammedan shall not be cut except on the written order of the Medical Officer on account of vermin, or dirt or on the grounds of health.” Mohammed was never examined by a medical doctor, Gosine submitted. The shaving of the beard offended Mohammed’s beliefs, Gosine argued, because it was part of the religious practice among Muslims to grow a beard. Mohammed’s case, filed against the Commissioner of Prisons, was filed on November 2, 2003. It was served on the Commissioner of Prisons office on November 27. The case came up for hearing on January 13, 2004. Gosine completed his submission after which the judge announced that he would deliver a written judgment.