Attorney General begins submissions in UWI-Bain case
Barbara Gayle, Justice Coordinator
Director of litigation in the Attorney General’s Department Carlene Larmond, says she has not found any case where a termination of contract has been in breach of fundamental rights.
She was making a submission this morning the Supreme Court in the lawsuit brought against it by former director of the Caribbean HIV/AIDS Training Network (CHART), Professor Brendan Bain against the University of the West Indies (UWI).
Larmond said she has examined the laws regarding freedom of conscience, freedom of expression and the right to a fair hearing.
She said the university is a juristic person and not a public authority and therefore the UWI could only breach Bain's freedom of expression and freedom of thought and conscience.
However, she said the UWI could not breach his right to a fair hearing because that is only guaranteed by the state.
Larmond said if Bain can satisfy the court that his dismissal was a reprisal or punishment for his freedom of expression then that can be in violation of his rights to freedom of expression.
The Attorney General has been granted standing in the proceedings as an interested party because the suit brought by Professor Bain raises issued related to the Constitution.
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 after he gave testimony in a Belizean court.
Professor Bain provided a report to the court on behalf of churches in the case of a gay Belizean man who was seeking to challenge the country’s anti-sodomy law.
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