Senior Reporter
rhondor.dowlat@guardian.co.tt
Justice Frank Seepersad has granted leave for judicial review in the case of Umar Abdullah, the leader of The First Wave Movement to seek transparency and accountability regarding adverse events associated with COVID-19 vaccines.
Seepersad’s order, issued on Thursday, allows Abdullah to pursue a judicial review against the Ministry of Health, asserting that the intended respondent breached its statutory duty under Section 15 of the Freedom of Information Act (FOIA).
The court has granted Abdullah the right to seek various reliefs, including a declaration of the breach, an order of mandamus compelling the Ministry of Health to render a decision promptly, and access to the requested information under the FOIA.
According to the application for judicial review, the facts and grounds upon which the claim for relief is based included that “over the past few years, the intended applicant/applicant has attempted to bring awareness to adverse events from the COVID-19 vaccine. The intended applicant/applicant, in collaboration with the Trinidad and Tobago Human Rights Voice, launched the Vaccine Adverse Event Reporting System (hereinafter referred to as “VAERS”) accessible via vaerstt.com.”
“The VAERS was established to provide a platform for COVID-19 recipients of vaccines in T&T to report adverse events from the COVID-19 vaccines.
“During the COVID-19 pandemic, the Honourable Minister of Health, Terrance Deyalsingh indicated that the system adopted by the Ministry of Health to address reporting of adverse events of the COVID-19 vaccines was the online Events Supposedly Attributable to Vaccines and Immunisations (hereinafter referred to as “ESAVI”),” it added.
It further stated that based on information available to the public, the ESAVI was available to all doctors, accident and emergency and all health centres. The Honourable Minister further indicated that these reports were sent to the TT-based Expanded programme of Immunisation. Reports were generated weekly during the pandemic and were sent to the Pan American Health Organisation, the World Health Organisation and the manufacturers.”
It added, “The Intended applicant/applicant strongly believes that it is of utmost importance for the Ministry of Health to provide open and transparent information pertaining to adverse events associated with vaccines to protect public health and ensure informed decision-making. The advocacy efforts led by the intended applicant/applicant aims to highlight the necessity of openly discussing and disseminating information regarding adverse events associated with vaccines distributed in Trinidad and Tobago.”
On August 10, 2023, Abdullah embarked on a Freedom of Information Project to obtain information and documents related to the COVID-19 vaccines.
He submitted a cover letter and request for access to official documents under the Freedom of Information Act.
On September 20, 2023, Mala Kowlessar-Tagallie, Legal Adviser in the Ministry of Health, acknowledged receipt of the Pre-Action Protocol Letter and indicated that an access decision will be provided on or before October 10, 2023.
No further response and/or access decision was provided.
Abdullah, in a release, said despite challenges and being arrested four times, he remains resolute in his commitment to justice, “This matter is important, not just to me, but will play an important role in achieving transparency relative to the COVID-19 vaccines. We will continue to stand firm against repression and uphold the principles of transparency and human rights.”
The First Wave Movement is being represented by Keron Ramkhalwhan and Shalini Sankar.
