Ousted president takes legal action

OUSTED president of the Nursing Council David Murphy is challenging his removal from the body. Murphy is seeking the court’s permission to have a decision by the council to appoint an interim president reviewed by a judge. He is also seeking an injunction to prevent the council from making decisions and to stop the interim president from carrying out any function of the office of president.

His application for leave for judicial review came up for hearing before Justice Ricky Rahim in the Port of Spain High Court on Thursday, but since the council’s attorney, Elaine Greene, said her client was resisting the application for leave, the matter was adjourned to next week.

On September 12, it will come up for hearing before Justice Frank Seepersad. Last weekend, the council posted two press advertisements indicating that at its 807th ordinary meeting, Chris Craigwell was elected interim president until the end of the election process.

It continued, “In this regard Mr David Murphy no longer holds office as president of the council and is not authorised to conduct business on behalf of the council.”

The second ad stated that the election for the council’s membership for the period 2019-2022 was suspended “due to irregularities with the election process” and the process would be re-initiated next week.

In his application for an injunction, Murphy argued that Parliament never provided for the existence of an interim president and the council, having come to an end in April, could make no decision other than announce elections. Elections are expected in January. He argued that any action by the council to hold a meeting and make decisions will affect more than 10,000 nurses.

Murphy is represented by attorneys Gerald Ramdeen, Umesh Maharaj and Dayadai Harripaul.

The ousted president is also seeking declarations that any decision the council made after the expiration of the executive in April, is null and void and that the decision at the 807th ordinary meeting on August 26, to appoint Craigwell as interim president, went against the Nursing Profession Act.

Murphy also wants the court to quash the decision to appoint an interim president and order that the registrar of the council withdraw the two press advertisements.

According to Murphy, a psychiatric nurse, the council can only exercise the powers given to it under the Act and members can only make decisions during the time their appointments are valid.

He says when their appointments comes to an end, the life of the council also comes to an end until a new one is appointed.