The key points are temporarily unavailable. You can still read the full Story below.
Main Points
The Medical Board of Trinidad and Tobago’s disciplinary tribunal has dismissed its complaint against Dr Conrad Murray, the physician convicted of involuntary manslaughter in connection with the 2009 death of pop superstar Michael Jackson. The tribunal ruled that concerns about apparent bias involving its former chairman meant the proceedings could not fairly continue. In a decision delivered on Tuesday, the tribunal found that former chairman Dr Ian Ramnarine had approached the Medical Board’s sole witness, Dr Peter Kenneth Baggan, to obtain a witness statement while serving as the chairman of the body hearing the complaint. The tribunal concluded that this created a real possibility of bias and compromised the fairness and integrity of the proceedings. The complaint was filed by the Medical Board in June 2018, following Murray’s 2011 conviction in Los Angeles, California. The board sought disciplinary action under section 24 of the Medical Board Act, which provides for action against a registered medical practitioner convicted in Trinidad and Tobago or elsewhere of an offence that would be punishable on indictment if committed locally. The issue of possible bias emerged during a hearing on April 24 this year. While being cross-examined by Murray’s attorney, Kiel Taklalsingh, Baggan, a former secretary of the Medical Board, disclosed that Ramnarine had contacted him about providing a witness statement for the board. The tribunal adjourned the hearing to consider the implications. Its other members subsequently discussed the matter with Ramnarine, who admitted making the contact. He explained that he believed he was entitled to approach Baggan in his capacity as secretary of the Medical Board. However, the other tribunal members said they had neither authorised the contact nor known about it beforehand. Ramnarine resigned from the tribunal with immediate effect on May 14, after which Shankar Bidaisee was selected as chairman. Bidaisee chaired the tribunal that considered the complaint alongside members Dr Nizam Boris Mohammed and Dr Kevin Sarran. In its ruling, the tribunal said a fair-minded and informed observer would conclude that there was a real possibility of bias. It determined that approaching a witness for one side while acting as chairman went beyond an ordinary administrative interaction and conflicted with the impartiality expected of an adjudicator. The tribunal also rejected the possibility of continuing the case with the remaining members. It found that Ramnarine’s involvement in obtaining evidence had compromised the evidential process and that his subsequent withdrawal could not adequately resolve the problem. The panel stressed that proving actual bias was unnecessary because the circumstances themselves raised sufficient concerns about fairness. The tribunal noted that both the Medical Board and Murray had raised concerns about the length of the proceedings, but it did not rule separately on the issue of delay because the substantive hearing had not been completed. Importantly, the dismissal does not amount to a finding on the merits of the original complaint and does not exonerate Murray of the underlying allegation. The decision instead establishes that the disciplinary proceedings could not continue without compromising the principles of natural justice.
The Medical Board of Trinidad and Tobago’s disciplinary tribunal has dismissed its complaint against Dr Conrad Murray, the physician convicted of involuntary manslaughter in connection with the 2009 death of pop superstar Michael Jackson. The tribunal ruled that concerns about apparent bias involving its former chairman meant the proceedings could not fairly continue.
In a decision delivered on Tuesday, the tribunal found that former chairman Dr Ian Ramnarine had approached the Medical Board’s sole witness, Dr Peter Kenneth Baggan, to obtain a witness statement while serving as the chairman of the body hearing the complaint. The tribunal concluded that this created a real possibility of bias and compromised the fairness and integrity of the proceedings.
The complaint was filed by the Medical Board in June 2018, following Murray’s 2011 conviction in Los Angeles, California. The board sought disciplinary action under section 24 of the Medical Board Act, which provides for action against a registered medical practitioner convicted in Trinidad and Tobago or elsewhere of an offence that would be punishable on indictment if committed locally.
The issue of possible bias emerged during a hearing on April 24 this year. While being cross-examined by Murray’s attorney, Kiel Taklalsingh, Baggan, a former secretary of the Medical Board, disclosed that Ramnarine had contacted him about providing a witness statement for the board.
The tribunal adjourned the hearing to consider the implications. Its other members subsequently discussed the matter with Ramnarine, who admitted making the contact. He explained that he believed he was entitled to approach Baggan in his capacity as secretary of the Medical Board. However, the other tribunal members said they had neither authorised the contact nor known about it beforehand.
Ramnarine resigned from the tribunal with immediate effect on May 14, after which Shankar Bidaisee was selected as chairman. Bidaisee chaired the tribunal that considered the complaint alongside members Dr Nizam Boris Mohammed and Dr Kevin Sarran.
In its ruling, the tribunal said a fair-minded and informed observer would conclude that there was a real possibility of bias. It determined that approaching a witness for one side while acting as chairman went beyond an ordinary administrative interaction and conflicted with the impartiality expected of an adjudicator.
The tribunal also rejected the possibility of continuing the case with the remaining members. It found that Ramnarine’s involvement in obtaining evidence had compromised the evidential process and that his subsequent withdrawal could not adequately resolve the problem. The panel stressed that proving actual bias was unnecessary because the circumstances themselves raised sufficient concerns about fairness.
The tribunal noted that both the Medical Board and Murray had raised concerns about the length of the proceedings, but it did not rule separately on the issue of delay because the substantive hearing had not been completed.
Importantly, the dismissal does not amount to a finding on the merits of the original complaint and does not exonerate Murray of the underlying allegation. The decision instead establishes that the disciplinary proceedings could not continue without compromising the principles of natural justice.
News Desk is the editorial publishing account for Tringlobe Media News, covering breaking news, public affairs, entertainment, community developments and regional stories across Trinidad and Tobago, the Caribbean and internationally.
