Bain was not punished, insists UWI
Barbara Gayle, Justice Coordinator
KINGSTON, JamaThe University of the West Indies (UWI) is insisting that Professor Brendan Bain was not punished when it terminated his contract as head of an HIV/AIDS organisation last year.
The assertion came this morning from the university’s lawyer, Hugh Small, in submissions in the Supreme Court where Bain’s lawsuit against the institution is being heard.
According to Small, Professor Bain was asked to do something to appease the civil groups that had complained about his controversial expert testimony in Belize in 2012.
He told the court that Bain insisted on doing nothing.
The lawyer says there is no evidence to support Bain’s claim that the university was punishing him in dismissing him.
Meanwhile, Small says the university has always maintained that Bain was entitled to give the expert report in the case in Belize.
However, he notes that while the UWI was constitutionally bound to protect Bain's freedom of expression, the university also has its own rights.
Small asserts that the university was within its right when it issued a statement last May announcing the dismissal of Bain.
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.
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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