Abdel Q. Mohammed - Partner
AREAS OF PRACTICE:
A legal practitioner in the fields of Civil Litigation, Judicial Review and Conveyancing with experience in the following areas of practice:
· Civil Procedure and Practice
· Debt Recoveries and Enforcement Proceedings;
· Personal Injury & Medical Negligence
· Freedom of Information Law
· Property Law and Conveyancing;
· Contract Law and Insurance Law;
· Human Rights and Constitutional Law
· Employment Law;
· Construction Law & FIDIC Contracts & Dispute Resolution;
Experience as an Advocate (Counsel) as well as an Instructing Attorney-at-law in Civil Law Matters Constitutional Law, Property Law with key interests in legal drafting, conveyancing, legal research, legal opinions and client care. I provide legal advice and opinions on FIDIC construction contracts (Green Book, Red Book and Yellow Book), Freedom of Information applications and other commercial disputes.
NOTABLE COURT APPEARANCES:
Appeared as Junior Counsel for Mr Daisley, who was awarded over $1,000,000.00 for his personal injuries due to prolonged occupational exposure to carcinogenic formaldehyde.
Appeared as Counsel for three Claimants who were awarded over $600,000.00 for damages for
assault and battery, which were inflicted with taser guns and false imprisonment by the police officers
Appeared as Junior Counsel in a Decision by the Court of Appeal establishing that police officers employed by the City Corporations are not subject to the provisions of the State Liability and Proceedings Act for the purposes of vicarious liability.
Appeared as Counsel in Judicial Review Proceedings against the EMBD, successfully challenging the EMBD’s refusal to grant the Claimant access to tender documents, contracts awarded and payment certificates which were requested under the Freedom of Information Act.
Appeared as Instructing Attorney-at-law in Judicial Review Proceedings against the decision of the Adoption Board for failing to place “Baby X” with the Applicant who was on the list of Fit and Prospective Parents.
Appeared as Junior Counsel in an Appeal against the assessment of damages for the failure of the government and the Cabinet of Trinidad and Tobago to award the Applicant a radio license and for breach of the Applicants right to equality of treatment.
Appeared in the Decision by the Court of Appeal establishing that the minutes of meetings at the Public Service Commission pertaining to the issue of appointment or promotion to the office of Deputy Permanent Secretary or Permanent Secretary were not exempt documents under the Freedom of Information Act
Appeared as Junior Counsel in Judicial Review proceedings in the Court of Appeal against the Police Service Commission’s decision to retire a Police Officer from the Trinidad and Tobago Police Service in the public interest.
Appeared as Co-Counsel in an Assessment of Damages in a personal injury matter for the Claimant involving a Physical Education Teacher who was awarded the sum of $977,815.58 in damages.
Appeared as Trial Advocate for the Claimant in a claim for malicious prosecution, where the Claimant was awarded the sum of $177,000.00 in damages for fabrication of a charge of drug trafficking.
Appeared as Counsel for the Claimant in a (FIDIC) Construction Claim in the successful recovery of outstanding unpaid interim payment certificates valued at $6 million Trinidad and Tobago dollars due and owing to K.J.S. Enterprises Limited.
Divorce & Custody
Landlord and Tenant matters
Personal Injury and Negligence
A 61-year-old man, who was left permanently scarred after doused with acid by his sister-in-law, has finally received compensation after an almost two-decade-long legal battle.
On January 31, High Court Master Martha Alexander ordered more than $1 million compensation for Raffick Mohammed, of Walker Street, Caroni, at the end of his protracted private assault and battery claim against Myra Bhagwansingh.
In a telephone interview on Thursday, Mohammed said he was pleased with the outcome.
“Money can’t compensate for this but I can help a little,” he said.
However, he stated that he was disappointed by the slow pace of the justice system.
“Justice is like that in Trinidad. Imagine when this happened, my son was one-year-old, now he has a one-year-old son himself,” Mohammed said.
In assessing the compensation, Alexander analysed the extensive injuries he sustained in 1991 and the dozen procedures and operations he had to undergo to help repair the damage.
Alexander noted that Mohammed suffered acid burns to 16 per cent of his body in the attack. His face was left disfigured. Skin had to be harvested from his groin and thighs for skin grafts.
In addition to the physical injuries, Mohammed also claimed to have suffered depression.
“I became very depressed and frustrated with way I looked. I could not even look at myself in the mirror for years after the incident. Sometimes I felt like giving up and committing suicide,” he said in his witness statement.
“I am always wary of people looking at my scars and I would often wear long sleeve shirts or turn my face in a way to make the case look less apparent,” he added.
Alexander ruled that he was entitled to CA$10,092.95 and TT$531,539.75 in special damages to cover the costs of medical expenses since the incident.
She also ruled Mohammed was entitled to $385,000 in general and aggravated damages for the pain and suffering he endured.
“His injuries eroded his self-confidence, self-esteem and confined him to his home, causing him to feel as if he were inside a jail cell,” Alexander said as she noted that he was forced to wear a protective mask for three years while recovering from surgeries.
She also ordered that he be paid $60,000 in damages for being handicapped on the job market by the injuries.
The total compensation is expected to be well over $ 1 million, as Alexander ordered Bhagwansingh to also pay 2.5 per cent interest on the general damages and 1.5 per cent interest on the special damages from the date of the incident.
About the case
According to the evidence, the lawsuit stemmed from an incident at Bhagwansingh’s fabric store in Chaguanas on August 29, 1991.
Bhagwansingh, whose brother was married to Mohammed’s sister, reportedly invited him inside the store for a conversation.
Mohammed claimed that Bhagwansingh accused him of reporting her brother to officials of the Customs and Excise Division before she drew a glass jar from under the cash register and threw the contents unto his face and neck.
“I felt the liquid penetrating through my skin and I immediately began to feel stinging and burning pains about my body,” Mohammed said in his witness statement.
Mohammed attempted to flee but Bhagwansingh chased after him and threw another container of the liquid on his back.
In February 1996, Bhagwansingh was convicted of causing grievous bodily harm to Mohammed and was sentenced to 12 years in prison and 10 strokes with the cat-o-nine tails.
She eventually won her appeal and faced a retrial. She was again convicted and sentenced to 12 years in prison.
Mohammed filed his compensation claim against Bhagwansingh in 1995, but procedural delays meant that it was only determined in his favour in 2015.
Mohammed was represented by Abdel and Shabaana Mohammed, while Javier Forrester and Stacey Waithe represented Bhagwansingh.