Dismissed Professor To Take UWI To Court

KINGSTON, Jamaica CMC – Retired professor, Dr. Brendan Bain, who was dismissed as Director of the Caribbean HIV/AIDS Regional Training Network (CHART), is preparing to battle the University of the West Indies, Mona Campus in court.

Following weeks of silence over his controversial firing, lawyers representing Bain have filed an injunction in the Supreme Court, seeking to restrain the University from removing him from CHART and the Caribbean Health Leadership Institute.

The move by the University to dismiss Bain followed concerns by gay rights groups across the region, regarding testimony by the Professor two years ago in a high-profile case in Belize.

His dismissal had sparked widespread public debate, resulting in several protests involving church and lobby groups, which called for a reversal of the University’s decision.

The lawsuit was filed on Wednesday, and Bain is seeking to remain in the post pending the outcome of the application.

In the claim, Bain outlined 15 grounds on which he’s seeking the order. Among them are that he was issued with a termination letter, though his employer had expressed trust and confidence in him.

It said the letter was issued on the basis of a disagreement with expert testimony given by him in the Supreme Court of Belize in 2012. But, Bain argues that the disagreement was expressed by third parties and not his employers. He claims that the disagreement and consequent termination conflicts with his right to freedom of expression, thought and conscience.

According to UWI’s Vice-Chancellor Professor, E. Nigel Harris, the decision to relieve Bain of his duties, was not about the university caving into pressure from influential and powerful gay rights lobby groups. He also said that it is not an issue about Professor Bain’s academic freedom.

“This is not about his rights to give testimony, it is not about his rights as a Christian, it is not about the views that he might hold. This is about someone having a position in a programme which the university has been contracted to manage and really losing the confidence of the people in an important sector that the programme must reach.”

“If he were a member of the academic community, this would have no impact on his academic standing,” Harris said.