00:00A two-year legal battle for answers about the deaths of babies at the Port of Spain
00:05General Hospital's neonatal intensive care unit has resulted in a significant High Court
00:11ruling against the Northwest Regional Health Authority.
00:14Justice Robin Mohammed on October 15 ruled in favor of bereaved mother Shania Raymond
00:21Adams, who challenged the NWRHA's refusal to release its investigative report and related
00:28documents.
00:28The court declared the refusal illegal and in breach of the Freedom of Information Act,
00:34quashed the decision and ordered the authority to disclose the report, statements and terms
00:39of reference requested, subject to appropriate redactions where necessary.
00:44The NWRHA was also ordered to pay the mother's legal costs.
00:49Attorney Anand Ramlogan, senior counsel, has condemned the authority's handling of the
00:54matter, saying, quote,
00:55quote, I condemn the decision taken by the previous Board of Directors of the Northwest
00:59Regional Health Authority to suppress and conceal this important investigative report into the
01:05facts and circumstances surrounding the tragic death of these babies at the NICU ward of the
01:11Port of Spain General Hospital, end quote.
01:13The case has also brought renewed scrutiny to the authorities' public commitments to transparency.
01:19On April 14, 2024, NWRHA Chief Executive Officer Anthony Blake publicly assured the country that the findings of the
01:28investigation would be disclosed once the process was completed.
01:33However, the authorities subsequently opposed the mother's application for disclosure,
01:37relying on legal professional privilege to justify withholding the report.
01:42Ramlogan says the shift in position raises serious concerns about the treatment of the families and the
01:48authorities' willingness to honor its public commitments.
01:51Ramlogan said, quote,
01:53In our review, Mr. Blake's conduct exposes disgraceful hypocrisy.
01:57He publicly promised these grieving families' openness, but then supported the NWRHA's attempt to keep its findings hidden from them,
02:05end quote.
02:06In his judgment, Justice Mohammed closely examined the authorities' explanation for withholding the report.
02:12The judge described as highly suspicious the authorities' suggestion that the report had been prepared for the purpose of obtaining
02:20legal advice,
02:21particularly in the absence of supporting documentation.
02:24The judge went further, stating the authorities' position appeared to be a convenient means of circumventing its statutory duty.
02:31He also indicated that the authority could have considered producing separate versions of the report to address legal concerns
02:38while still fulfilling its accountability obligations.
02:42For Ramlogan, the ruling reinforces the need for the authority to explain its actions
02:46and ensure that the families receive the information they have been seeking.
02:50He says the mothers have endured years of grief while also being forced to navigate legal proceedings against a publicly
02:57funded institution.
02:58Ramlogan said, quote,
03:00It is disgraceful that the grieving mother had to pursue court proceedings for approximately two years
03:05simply to obtain information about the circumstances in which her baby died, end quote.
03:11The attorney is now calling for the authority to turn its attention to the compensation claims brought by the affected
03:17families.
03:18He argues that continuing to contest the matter in court places an additional financial burden on the public
03:24while prolonging the suffering of the mothers.
03:26Ramlogan said, quote,
03:28Instead of continuing to spend public money on legal fees resisting these mothers,
03:32the NWRHA should engage the attirees immediately with a view to fair and prompt settlements, end quote.
03:39He says compensation would not erase the loss of a child,
03:42but a fair settlement could spare the families for the emotional and financial strain.
03:48He is also calling for those responsible for the decision surrounding the withholding of the report to be held accountable.
03:54The attorney says the NWRHA must now comply promptly with the court's disclosure order
03:59and make the findings available in the public interest,
04:03subject to necessary protections for confidential information.
04:06He says transparency must now be followed by meaningful accountability and a resolution of their claims.
04:13Arvashi Tawari, Rubnarain, TV6 News.
04:15Arvashi Tawari, Rubnarain, TV6 News.
04:15Arvashi Tawari, Rubnarain, TV6 News.
04:19Arvashi Tawari, Rubnarain, TV6 News.
