THE COURT of Appeal has rejected an application by the State for costs in a procedural appeal brought by a woman on remand at the women’s prison who filed a lawsuit against the Commissioner of Prisons demanding she receive medication for her haemorrhoid condition.
Justices of Appeal Prakash Moosai and Charmaine Pemberton said the court was of the view there should be no orders for costs despite the insistence of state attorneys that the woman should pay after her attorney Gerald Ramdeen said it would not be proper for him to ask the court to proceed with the appeal since his client, on September 2, received the medication which was prescribed for her. This included a tube of Preparation H.
State attorney Kelisha Bello said instead of filing the lawsuit, the woman should have made a freedom of information request for the prescription.
However, Moosai reminded that people in custody had not given up their rights and were entitled to treatment as any other citizen.
The woman is currently awaiting trial for the 2018 shooting death of a consultant pharmacist at his Diego Martin home.