The Supreme Court today rejected two applications by attorneys representing Professor Brendan Bain in his case against the University of the West Indies.
Bain’s legal team, headed by Georgia Gibson-Henlin, was seeking to have several paragraphs of a witness statement provided by Professor E. Nigel Harris declared inadmissible.
The paragraphs in question pointed to a meeting held at Professor Bain’s request between himself, his attorney and UWI Vice Chancellor, E. Nigel Harris.
Ms. Gibson-Henlin argued that those discussions were subject to the ‘without prejudice’ rule.
She says the discussions were held in a context where they were not expected to prejudice future actions by either party.
At that meeting, Professor Bain indicated his willingness to resign as Director of the Caribbean HIV/AIDS Regional Training Network, CHART.
The meeting was held a day before an ad-hoc committee was scheduled to meet to discuss the issues raised by Bain’s testimony in a Belizean case.
But the attorney representing UWI, Hugh Small, pointed out that in those discussions, Professor Bain indicated that the meeting of the ad hoc committee would not be necessary in light of his willingness to resign.
Justice Lennox Campbell rejected the application.
Gibson-Henlin then sought to have a third supplemental witness statement admitted into evidence.
That was also rejected.
Mr. Small argued that that statement included matters which were not related to the substantive issue, and spoke to events which occurred prior to the contract being in place.
When the session resumed after lunch, Gibson-Henlin called her first witness, Dr. Wycliffe Wright, a medical doctor who specializes in infectious diseases.
Professor Bain, who was the second witness to testify, gave information regarding his salary.
He is expected to continue his testimony tomorrow.
The court is also expected to decide whether to extend the injuction granted to Bain last year, staying his termination as head of CHART.