Travel agent weighs up legal options after Appeal Court ruling

TRAVEL agent Philip Ramdial, who was locked outside of Trinidad and Tobago (while leading a tour) during the covid pandemic says he is weighing his legal options in light of the landmark September 29 Appeal Court ruling.

Justices of Appeal Nolan Bereaux, Mark Mohammed and Ronnie Boodoosingh ruled that the lockdown policy was draconian and breached the rights of two female litigants – Raehana Lorick and Joanne Pantin – who were among many people the former PNM government refused entry to TT in seeking to prevent the spread of covid.

The court said the women suffered financial and emotional strain, with the state of one woman "dire and exceptional."

A lack of transparency meant citizens were "shooting in the dark" in applying for exemptions to enter TT, giving rise to potential arbitrariness and unfair treatment, the court said. The court said both women were entitled to compensation and costs, and it opened the way for other claimants.

The ruling reversed a 2022 decision by Justice Betsy Ann Lambert-Peterson.

Former minister of national security Stuart Young has since said the rationale behind this decision was to protect the lives of citizens in TT during the height of the pandemic.

When contacted for a response, former health minister Terrence Deyalsingh told Newsday, "I am seeking legal advice before commenting."

In an interview, Ramdial told Newsday he would speak to his attorney plus other affected people who were a part of his group tour, about the recent Appeal Court ruling.

"These people got compensated. We went through the same fate. We spent a lot."

Ramdial said those on tour had spent a lot of money on flights including charted flights and hotel accommodation to get back to TT, and had been through a lot emotionally. He said the 33-strong group had left a cruise in South Africa from where they flew to London and then to Barbados, where they spent a month, before being allowed into TT where they were quarantined for a week.

Fortunately, not one person in the group contracted the virus, he related, despite them being mostly retirees.

Ramdial was full of praise for Barbados Prime Minister Mia Mottley for allowing the group into her country under the circumstances of a pandemic.

'WHO TELL YUH TO GO AWAY?'

Relating the saga of how the group got home, he said their cruise ship went from Dubai to Abu Dhabi to South Africa.

Flying in to the UK, the group had learnt that TT's borders were closed.

"We had a problem: How do we get home?" Ramdial said while the group could not get to TT, the Barbados Government agreed to let them in.

"The hotel in Barbados accepted us. We paid for it. It was not free. We stayed one month in Barbados because of the kindness of the Barbados Prime Minister to let in our flight. So much was done by PM Mottley, while our government said no."

Ramdial said using his contacts, he got two chartered flights to take the group from Barbados to TT.

"We had to pay in US dollars. It was not easy to find the funds."

Ramdial said he was happy the two litigants, whom he said had suffered more than the group, had gotten some kind of justice.

"On behalf of the group, we are looking into the possibility of compensation for our suffering and financial losses as a result of being locked out by the then government. Some people became sick. Some never recovered."

Newsday spoke to a student who was also not allowed back home during the lockdown and she said she felt abandoned by the then government. She too welcomed the Court of Appeal's ruling.

"I am very happy with the ruling. It is encouraging that these women had the 'push' to carry this to court."

The student, who asked not to be identified, said the attitude of the local authorities when she made contact in an effort to get back home was one of indifference.

"Imagine calling your home country to get back home, to be with your loved ones, to be in familiar surroundings, and a representative of the government tells you, 'who tell yuh to go away? We never tell yuh to go there.' I mean, it was very stressful," she said.

Saying she did not want to be publicly identified as she fears being victimised or victim-shamed, the student said even some members of the public had posted to social media that those seeking to come back home and were refused, were making a fuss to "look for fame" or to "tief taxpayers' dollars."

She said, "It is a matter of standing up for yourself and seeking redress. These women have set a precedent and I am so very proud of them."

The student said it was a very tough situation to be unemployed and stranded in a foreign country where no one knew what was happening. She thanked her employer for taking care of her and seeking her interests during the pandemic.

Asked if she would sue, in the wake of the Appeal Court ruling, the student said, "I have not had time to think about it, to process it. But I will say this, I felt that my own government failed me and it took a foreign entity to help."