The lawyer for shooting victim and threatening language accused, Cornelius John, is raising concerns about information contained in his medical records, which she said is perplexing to him.
Kay Bacchus-Baptiste said Tuesday night that the record says that John, 60, told the Milton Cato Memorial Hospital on April 13, when he was shot, that it was two males who had come to his property.
Bacchus-Baptiste said that this is disturbing, as her client has always maintained that it was three persons, including a woman whom he named, had accosted him.
She further said that the records refer to John as having been drinking alcohol, something that the lawyer said her client does not do.
In a call to Current Affairs on NICE Radio, the defense counsel said that her client’s medical records were given to the Office of the Director of Public Prosecution.
Normally, what is given to prosecutors is the report of medical injury form, she pointed out, adding that handing John’s medical record to prosecutors is serious, as he is also a defendant in the case.
The allegations about the medical records are the latest development in the saga, which began on April 13, when John was shot in his left leg at his Diamond Estate home.
Last Friday, Karim Nelson, an assistant director of public prosecution, was charged with wounding and unlawful discharge of a firearm at John.
Senator Ashelle Morgan, a Diamond resident, was charged with assaulting John with intent to commit wounding.
John was charged with one count of using threatening language against Morgan, and two counts of using threatening language against his wife, Nicole Morgan.
All the offences were allegedly committed in Diamond on April 13, and each of the accused pleaded not guilty and were granted bail and ordered to appear before the Calliaqua Magistrate’s Court on July 5 for trial.
In her comments Tuesday night, Bacchus-Baptiste noted that she had said that John’s medical records were missing from the Milton Cato Memorial Hospital.
Last week the hospital denied that this was the case, with Hospital Administrator, Grace Walters saying it takes time for the medical records to be done because physicians give priority to taking care of patients.
Bacchus-Baptiste said that her client had “tried many, many times over the last five weeks to get his medical records and he could not get them.
“They said that they were missing,” she said, adding that after five weeks of being unable to get the medical records, she went public with the issue.
“And once it was made public, we were told that the medical records were found and that they are safe. Well, today, Mr. John went to collect his medical records and was told that someone had signed on behalf of the DPP’s office and collected them,” she said.
“And they had to have a big run around before they could get a copy or get his records,” she said, and questioned how a state authority could just take someone’s medical records without their consent.
“It is a dangerous precedent because your records are your medical records and your consent ought to be given,” the lawyer said.
“But what is extremely disturbing to my client is that the medical records said that he reported against two men. Let that sink in. The medical records claim that when he went to the hospital, he reported against two men.
“My client is alarmed at this because he has never reported against two men only. He, at all times, said that a woman was there and said who the woman was. And it was always three persons.”
Bacchus-Baptiste said she will write to the hospital, the DPP, or whoever is in charge“ because this is what the medical record shows that he said, which he never said, according to my client.
“The second thing that is alarming is that it refers to him being — drinking alcohol, which he doesn’t do, which he didn’t do, and he did not tell them. And so, I do not know what is amiss here or what is at play, but we, as I say, the only reason these things are coming out now is that the public will have to be the bastion and the safeguard for the rights of Mr. John…
“I was dumbstruck today when I saw that that is what they are saying because we know — I know from since I became involved, he has always said three people and a woman and he named the woman.
“Clearly, the woman herself admits that he was there. But how would it look in court if the man who is blaming that she did certain things couldn’t even remember on the night to say a woman was there and just mentioned two persons.
“And then this introduction of alcohol, it is terrifying. This is making me wonder how far, how far — I don’t know what is going on. But it is a terribly perplexing thing and my client is even more perplexed and hurt and confused at what is going on.”
She said that it can be argued that John’s medical records are needed to bring a charge against his alleged attackers.
“That is why the police have a report of injury form. That is what is usually issued. And that is what you would use for the medical evidence. You don’t need to go behind the man’s back and take his medical records, especially when you have laid charges against him.
“Now, if he was only a virtual complainant, alone, it might not be that grievous, but you have laid charges against him and he had a problem getting the records because when he went there, he was told that someone had collected the records from the office of the DPP.”
Bacchus-Baptiste said that seeing in the medical record, information about drinking alcohol and two male attackers is “really, really perplexing.
“And I raise it as another mix and another twist in what is going on and if you put everything together, maybe we can understand why a month might be enough for this thing to be thrown away…
“It is frightening; very, very frightening. This is worse, because you would not involve the hospital in any skullduggery at all. Now, I am not saying it is. I don’t know who took the notes and whatever is in the notes, you would have to reflect if you are doing a report, but how did that get in the notes is very perplexing to my client. Very, very perplexing.”
Walters said last week the attending physician usually prepares the medical record, but if that physician is not available, the medical director is authorised to “either hear the report himself, or designate an appropriate physician to furnish a report”.
Regarding the information in the report, Bacchus-Baptiste further said:
“… I can see some semblance as if you are trying to create a case that a man is a little unstable, that you can’t believe everything he is saying.”
She, however, said that an eyewitness “can attest to who was there”.
The lawyer, however, said, “… I am very, very disturbed and this opens up a deep avenue than I thought was going on in this saga. It is terrible. That’s the least I can say and I don’t know what’s the explanation for it, but it can have very far reaching results in the man’s case.”
The lawyer said she intends to make a public statement on the issue. “It is so important for his justice; so very important. If that were to come out only in a court of law, in a trial, that he said on the night only two persons, and the specificity of it; they said that he said two males. It is frightening. The long arm of what is going on in this country; the long, long arm, it is frightening.”
Bacchus-Baptiste said that in an effort to ensure the administration of justice for her client, it is important that these things are known.
These people showing up themselves. If three persons were there and a shooting took place why aren’t they jointly charged. Hmmmmmmm. If its three and you have two charge them jointly along with other persons unknown.
And the plot thickens, how can the dpp obtain a persons Medicare order. A efforts to cover up this incident exposes another area of their corruption. This is like political covid19 21 antigua involvement in choksi’s detention in dominica.
This might have come as a surprise to some of you but not me this is what u get when there is an idiot in power, it means those who elected him are well represented more to come how do some vincentians sleep at night knowing this is wrong and keeping they mouth shut because of party but karma is a b**** and a half your day will come it might be you or one of your sons or daughter and then what will u do go hang yourself in a banana tree.
Someone took his medical records? Isn’t this a HIPPA violation? This country is heading down a slippery slope to no return if the citizens doesn’t put a check on it
Everything in Saint Vincent is rotten to the core. First a witness is asked to make a false statement, then the case is incorrectly to be held in the lower court, now possible fenagling with medical records.
This makes one wonder just who have alot to lose if this ever get to trial ,clearly its not just the 2 people so far,,,just saying
I give up in SVG. It is scary. WOW
Saddening is the statement made at the closing of this article:- “It is frightening. The long arm of what is going on in this country; the long, long arm, it is frightening.”
Tell me, how could anyone in reading this saga too not feel A Seeded of Evil? I wander how many returnees; following the ‘bewilderedness’ to this happening, not wished they had not returned. How did our lovely SVG got to this state of bamboozlings? Aren’t we supposed to have become more civilized as accomplished scholars? Or we have but just become more competitive; but with too little to go around, so we live in a land of the animal farm; the dog eat dog world?
Nevertheless, I am confident that there is still enough LOVE to curb many of us patriots, that of the ‘spell’ of Senator Ashelle Morgan.
That’s how low even the personnel at the hospital will stoop to bring down an innocent man. Where is this country heading too? They have cooked up every nook and cranny to let that Jezebel off the hook. But all that ends well will left to he seen. She ain’t no high and mighty.
Her **s will roast in HELL unless REPENT.
Words like “perplexing” and “frightening” are accurate but mild compared to what is going on here, (because this sort of “elitist” stuff is now happening too often). If it is true that this man does not even drink, it certainly is perplexing that the mention of alcohol could get into the report. Maybe they were considering saying that he also brought in the “mystery Invisible cutlass” to the hospital.
It is MORE than frightening that we now see how “evidence” and “facts” are gathered in the SVG Just-Us system. Anyone reading comments on this site for the past year or so are seeing how Vincentians and others overseas cannot believe what is going on here. Even before the “Communist Land acquisition” normal People’s Rights, Property and Pursuit of Happiness has been quickly disappearing. I know many that used to be ULP, now they assure me they are “tru wid dem”!
We have been waiting for the return of Lord Jesus but instead we get Papa Stalin.
If this article is accurate it means that we have a serious problem on our hands in St Vincent and contrary to what the Cumrod is always preaching, some people are above the law in St Vincent and the Grenadines. […]
Sounds very familiar to myself.
I had a case against an insurance company and the hospital claimed that they could not locate my records.
Very suspicious indeed.
And handing them over to the prosecution, someone needs to be prosecuted themselves for doing so.
Somebody not doing their job right.
HOW MANY LAWYERS ARE IN THIS MIX?
Prime Minister – A Lawyer ( Very Brilliant one too )
Asst. DPP – A Lawyer
Ashelle / Deputy Speaker of the House – A Lawyer
Commissioner Colin John – A Lawyer / Former Ass. DPP
Defense Attorney Kay Bacchus – A Lawyer
Defense Attorney Ronnie Marks – A Lawyer
Presiding Magistrate – A Lawyer
Only GOD can help Mr. Cornelius John to get Justice
he will really need the ultimate lawyer of all lawyers JESUS
A Medical report on a particular incident would generally give a description of the state of health and nature of the injuries. The report should say he was shot by known or unknown assailant(s) at whatever time and where the injuries were and the resultant effects the patient experienced. Then examination findings should be documented and thereafter the physician can say if they thought the injuries to be serious and give an indication of prognosis i.e if there will be ongoing problems, permanent disability or fully recovery. All other evaluation of circumstances surrounding Mr John’s injury are to be done by the police, the lawyers and their witnesses.