7 Apr 2008

Insane judge

But what madness is this?

A man dies from a beating at the hands of prisons officers. His sister sues the Attorney General and the Commissioner of Prisons following the death.

Justice Shafeyei Shah said in the San Fernando High Court that legal action should have been taken against the person who beat 39-year-old Lester Rambharose.

Aside from the fact that the prisons officers will cover for each other to protect each person involved, it is the ultimate responsibility of the Commissioner of Prisons for the behaviour of the people under his command. And of the Attorney General as the state's legal guardian and adviser to ensure the Commissioner is responsible.

Once a person is in custody, the relevant authorities has a 'duty of care' to protect the well-being of that person. Similar to the responsibility of a principal and teachers for students they are responsible for at schools. Does this mean a teacher or principal can be sued for any student hurt while in their care? Of course! Similarly, the CoP and Attorney General over duncey brutality which we see everyday.

In fact, whenever a duncey is misbehaving it is indeed the Attorney General and CoP who is sued, along with the duncey if he is identified.

But now Justice Shah is saying that all these years incorrect procedure was followed. Are all those cases are going to be overthrown? I bet not.

So this woman was clearly correct in suing the right people. The judge however seems intent to protect those people hence his idiotic ruling. I bet if this goes to the Privy Council, I'll be proven right. I hope she does go all the way.

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