The New Today

Commentary

Responsible or liable

We live in a period in time when the age-old principles are no longer followed or pursued, people appear to pursue their aims or goals in the Machiavellian spirit which adopts the mantra that the ends justifies the means.

I grew up with my mother’s sayings ringing in my ears, “what you sow you go reap”, “as you make your bed so you go lie down”. In other words, “your future is a product of your past decisions” and “take responsibility for your actions”.

It would be saddening if, as a people, we do not lay hold on these principles. It is even more horrific when our so-called leaders do not seem to have a clue about these principles, except to talk about them when it appears to be the convenient thing to do.

I repeat here that I am NOT an anti-vaxxer, and I have not actively disseminated any direction or advice to anyone against taking shots of the Covid vaccines. My consistent message has been as follows:

(I). These vaccines are at an experimental stage;

(II). I will not take them as an individual because of their nature and my uncertainty;

(III). Our Grenadian people must be given as much objective information about them as possible, to enable them to assess the matter and make their own decisions;

(IV). Not one of our people should be pressured, intimidated or cajoled into taking these vaccines.

I stand by my position as set out above!

Our Prime Minister Khief unfortunately, is one who is now renowned for shirking responsibility and avoiding liability. He continues to use the powers of the office of Prime Minister in a most irresponsible manner, buoyed and encouraged by the concept that, whatever the outcome, it is highly unlikely that he will be held personally responsible or liable.

Richard Duncan, Garvey Louison, Gemma Bain-Thomas, yours truly, and a host of top class, independent thinking public officers have all had to be treated as having attained the age of 60 and paid a pension and retiring benefits accordingly.

As for me, I opted for a reduced pension and gratuity since the year 2001, and I have now been on full pension for years now. I was given no pay leave after more than 20 years’ service when I wanted to do my bar exams, all because Khief told me not to go and I said no to him.

While I was in London he simply got the PSC to appoint another person to my office. The PSC had no option but to advise the Governor General to retire me, and then I had to sue the government to get my money while the “Wannabe Lady” in the Integrity Commission was the Solicitor General.

Khief cussed off Dorset Charles in public after refusing to pay him for decades, and now Khief has to enter into an agreement for us to pay him several times more than the value of the court judgment.

After all the spiteful actions against WRB we now have had to pay several times more than the market value of their Grenlec shares. Khief hates Jimmy Bristol because Jimmy represented his St. Lucian client and got the court to issue a bench warrant for the PS Finance who was rude to the court, and to impose a Garnishee Order on government accounts.

Marketing Board, under Khief refused to pay suppliers and when the Trinidadian company went to court and garnished the MNIB accounts Patrick Antoine was cursed and vilified as a rogue, just because he was associated with the company. You will ask the obvious question, why then doesn’t Khief either act properly knowing that Grenada will suffer as a result, or take responsibility for improper actions and manage them properly?

The obvious and objective answer is that Khief is irresponsible and he does not care about Grenada and its fate. Khief is selfish and egotistic! Khief believes that he will not be held liable for his actions and the damage that he has caused and is causing Grenada.

His sole focus is on getting enough people to vote for his candidates in each constituency so that he can continue to rule over Grenada and do as he pleases.

In spite of all his public statements to the contrary, Khief is obviously using all his powers behind the scenes to manipulate a broad-based implementation of a vaccine mandate in Grenada.

Let us now ask ourselves the obvious question:

WHO IS LIABLE OR RESPONSIBLE WHEN A PERSON, WHO TAKES A VACCINE BASED ON A MANDATE TO DO SO, BECOMES SICK?

(1).    NOT The Manufacturer

Ordinarily one would have said that the company who manufactured the vaccine, because the vaccine would ordinarily come with some form of guarantee. We are all familiar with these class action lawsuits that attract damages in the billions of dollars for damage caused by the use of a range of chemicals and drugs.

We are all familiar with the disclaimers that are published by the companies who produce and market drugs. We are all familiar with the publication of a long list of possible side effects of taking the drugs.

In the case of these Covid drugs, are you aware that the companies are operating under a waiver of liability against any harm that may result to a person who takes the vaccines? In case someone wishes to challenge this assertion, please point me to any provision that would allow a person to maintain a suit against any company that produces or markets the Covid vaccines.

Related:  Godless government and a giggling God

You need to pay careful attention to the language used in promoting the vaccines, that is, that the vaccine MAY reduce a person’s risk of the virus causing serious sickness or death. No guarantees at all!

However, the vaccine:

(I). Does not prevent the vaccinated person from contracting the virus;

(II). Does not prevent a person from spreading the virus once that person has contracted it.

These are facts and conspiracy theory, as they want to call it!

Have you asked yourself why our government is not advertising the long list of possible side effects of taking these experimental vaccines?

I believe that knowledge is empowering, and that ignorance is the root of misfortune. Khief and his people are deliberately trying to keep Grenadians in the dark about these vaccines. Tell the people the full story, Khief! Let them know the whole truth and the truth will liberate them!

(2).   The Employer?

Based on the guidelines issued by the Cabinet of Grenada, employers are encouraged and incentivised to demand that employees, beginning with those in the “hospitality sector”, are fully vaccinated.

School of Medicine has prevented unvaccinated employees from entering the compound under the support and encouragement of our government.

I am advised that scores of workers at Sandals have been dismissed for refusing to be vaccinated with the vaccine that is available in Grenada. Many workplaces are now forcing their employees and even customers to take the vaccine if they wish to enter their premises.

Apart from a possible action by the employee for unlawful or unfair dismissal or breach of contract, should the employee, as directed by the employer, accept the vaccine jab and subsequently become sick as a result, is it not reasonable that the employer should be held liable?

The reality is that, in an attempt to protect the “safety” of their workplace, the employer has risked the obvious safety of the employee by demanding that they take an experimental drug, or be terminated.

The employer cannot be heard in the circumstances to say that the employee has consented to take the vaccine treatment, but it may lead to technical arguments by the employer regarding proof that it was the vaccine treatment that caused the sickness.

One interesting question that needs to be answered by the employee is this:

Is the local cooperating employer, who demands that the employee receive the vaccination, agree to accept the liability, from which the vaccine manufacturer has received a waiver, in cases where the employee becomes sick?

My simple advice to all who are under pressure to take the vaccine or lose their job, is to prevail upon their employer:

(1). to have the employee subjected to a full medical assessment, including the full range of blood, urine and other body samples, before and after taking the vaccine. In this way, one can be more assured of the cause of any sickness that occurs after the vaccine doses are administered; and,

(2). to execute a written agreement committing the employer to fully compensate the employee in damages if sickness or any harm results from taking the vaccine doses.

(3).   The Government and People

It appears that Khief and his NNP do not understand or wish to understand that whatever they do in their public office, whatever power that they exercise, is done in the name of the people of Grenada and under that authority solely.

Does Khief care at all that ANY LIABILITY for damage, in the case where sickness or adverse reaction results from the vaccine doses, may attach to the government of Grenada and hence, to ALL OF US?

Why then is there no consultation concerning this proposed vaccine program that is being administered and accelerated throughout Grenada? Is it that Khief is saying, as his Minister of Health said publicly and boldly when asked, in the early days of the pandemic, about the number of vaccine tests administered, “YOU DON’T NEED TO KNOW THAT”? Wow!

I believe that our government ought to be held responsible and liable because in supporting, encouraging and helping to administer the vaccine the government:

(A). Is in breach of its clear obligations under relevant international conventions;

(B). Has created an unlawful legal framework pursuant to regulations issued by Cabinet;

(C). Has promoted the vaccination program under the guise of an unlawful state of emergency.

Is the NNP government under Khief saying to our Grenadian people, in our collective name, that it is stepping into the shoes of the manufacturers of the vaccines and indemnifying them for loss and damage that may flow from the administration of the vaccine doses?

Remember that nothing in this life is truly free! In spite of the reckless attitude and practice of our Prime Minister Khief, someone has to be responsible and liable for every loss or damage sustained by anyone.

My basic and final question is this:

IF THE COMPANIES WHO MANUFACTURE THE COVID VACCINES DO NOT ACCEPT LIABILITY FOR THEIR PRODUCT WHY IS OUR SIMPLETON GOVERNMENT ACCEPTING THE LIABILITY, OR WHY IS OUR CALLOUS GOVERNMENT EXPOSING OUR PEOPLE TO THESE EXPERIMENTAL TREATMENTS AND FORCING OUR PEOPLE INTO THIS PROGRAM?

Wake up and think, my people!

Cajeton Hood is an attorney-at-law who served as Attorney General during the 2013-18 period in government of the New National Party of Prime Minister Dr. Keith Mitchell