The Tribune

By LAMECH JOHNSON

Tribune Staff Reporter

ljohnson@tribunemedia.net

A PARAMEDIC who was fired from Doctors Hospital is taking civil action against the hospital and her former colleague who groped her breast, The Tribune has learned.

The plaintiff, whose identity has been withheld, wants compensation for general, aggravated and vindicatory damages, interest and legal costs concerning her dismissal from the hospital in March 2011 after making a complaint about Dr Lynwood Brown touching her breasts.

Trauma and Emergency Medical Services Ltd (TEMS) is the other named defendant in this action.

The paramedic was employed at the hospital for 11 years before being let go.

Due to the complaint not being prosecuted by police concerning the September 7, 2010 groping incident, the paramedic started a private prosecution through the law firm of R A Farquharson and Co.

According to a writ of summons filed and served on Dr Brown, “when the plaintiff informed the third defendant (Doctors Hospital Health System Ltd) of the sexual assault perpetrated upon her by the first defendant (Dr Brown) they became defensive, made false allegations and subsequently unfairly dismissed the plaintiff after 11 years of dedicated service.”

The writ further notes that the “second defendant (TEMS Ltd) was vicariously liable for the actions of the first defendant in that they hired the first defendant as one of their employees. The second defendant, their employees and/or agents were negligent and/or in breach of their statutory duty and common law duties owed to the plaintiff” and “due to the said assault, negligence, breaches of statutory and common law duties owed to the plaintiff, she has suffered much loss and personal injuries.”

Dr Brown stood trial before Magistrate Guilimina Archer who convicted him of indecent assault and, a week ago, went on to sentence him to eight months probation and $3,000 in fines that would be paid to local charities among other conditions.

His trial was first set to begin on November 1, 2011 before Magistrate Archer. At his arraignment, Brown’s then-attorney, Devard Francis, argued that the charge was invalid, as the complaint had been made too late.

Magistrate Archer said the charge was valid and proceeded with the arraignment. However, Brown then hired Murrio Ducille to appeal the ruling. The appeal was initially granted and the charge against him was discontinued.

However, in February 2012, Ramona Farquharson-Seymour went to the Court of Appeal producing documented evidence signed by Chief Magistrate Roger Gomez that the matter was filed in time.

At trial, the victim testified that on the night in question, she went into the hospital’s break room where two other women were with Dr Brown.

She said the physician was talking to one of the women about how her breasts looked and when she scolded him for his words and behaviour, he told her not to feel left out before proceeding to fondle her breasts.

The testimonies of the other witnesses corroborated that of the complainant.

However, Mr Ducille made a no-case submission that the prosecution’s case was based on the evidence of three witnesses who, according to the testimony of two of them, were all close friends.

The lawyer, having claimed a conflict of interest, also noted a discrepancy, in that the complainant told the court that she was not a friend of either witness.

The no-case submission was not upheld and Dr Brown was called on to lead a defence. He denied that the incident described by the complainant and witnesses ever occurred.