UWI close case in Bain suit
Barbara Gayle, Justice Coordinator
The University of the West Indies (UWI), Mona this afternoon closed its case in the lawsuit brought against it by former director of the Caribbean HIV/AIDS Training Network (CHART), Professor Brendan Bain.
Professor Bain is suing the UWI for breach of contract, breach of his constitutional rights and defamation.
The university terminated Professor Bain’s contract last May citing, among other things, that his constituents had lost confidence in him.
In court today, Dean of the Faculty of Law at the St Augustine Campus of the UWI, Professor Rosemarie Antoine, criticised the expert report Professor Bain gave to a Belizean court.
Professor Bain gave the report on behalf of churches in the case of a gay Belizean man who was seeking to challenge the country’s anti-sodomy law.
Under cross examination from Bain’s attorney, Georgia Gibson Henlin, Professor Antoine said Bain’s report made certain omissions and he did not highlight the impact of discrimination.
She said Professor Bain's report gave the impression that anal sex between men is a public health risk.
However, Professor Antoine said anal sex in itself is not a public health issue.
She said the real problem is the discrimination gay men face.
Professor Antoine further said that discrimination drives these persons underground which makes it difficult for them to access services.
Professor Antoine further says Bain's report misrepresented the UWI's position on HIV and men having sex with men.
When the case resumes on Monday in the Supreme Court the attorney for the Attorney General’s Department, Carlene Larmond, will begin making submissions.
The AG has been granted standing in the proceedings as an interested party because the suit brought by Professor Bain raises issued related to the Constitution.
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