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Supreme Court begins hearing Bain-UWI case

Published:Monday | January 12, 2015 | 1:37 PM

Barbara Gayle, Justice Coordinator



KINGSTON, Jamaica:

The attorney representing Professor Brendan Bain in his lawsuit against the University of the West Indies (UWI) challenging his dismissal is seeking to have certain sections of a witness statement given by Professor E. Nigel Harris, on behalf of the university, struck out.




Georgia Gibson Henlin, who is representing Bain, is contending that the statement is seeking to introduce certain comments that are scandalous and vexatious.



Gibson Henlin pointed out that the comments are in regards to a meeting between the parties.



The attorney further contends that without prejudice rules were breached in those paragraphs of Professor Harris’ witness statement.



Professor Bain is suing the UWI for breach of contract, breach of constitutional rights and defamation over the university's decision to terminate his contract as director of the Caribbean HIV/AIDS Training Network.



The UWI fired the noted health professional last May after alleging that his constituents had lost confidence in him.



The move followed the decision of the professor to provide a 2012 expert report, which appeared to support the retention of anti-sodomy laws, which were being challenged in Belize by a gay man.



Meanwhile, the Attorney General has joined the matter as an interested party.



Carlene Larmond, who is representing the attorney general, says the department joined the proceedings because the Constitution is being examined in the matter.



Meanwhile, the court is to hold a hearing tomorrow to determine whether the injunction barring the removal of Professor Bain should be extended.



Attorneys-at-law Hugh Small and Christopher Kelman, who are representing the UWI, say they will be opposing the application because Professor Bain’s two-year contract ended last year.



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