Attorneys for the mother of the three-year-old boy who was bitten by a dog at his Barrackpore home last month want the boy's medical records so the police can take action against the animal's owner.
On Friday, attorney Robert Abdool-Mitchell wrote to the South West Regional Health Authority (SWRHA) for the records, warning they will go to court for them. They have given the SWRHA until 4 pm on December 5 to provide the report.
In a pre-action letter, Abdool-Mitchell said Jalil Naidoo spent 13 days at hospital and had stitches.
He said the police investigator, Insp Rudy Ramtahal, had said he was yet to receive Naidoo's medical report and could not progress the criminal case against the dog's owner so a file can be sent to the Director of Public Prosecutions.
The attorney said the child's mother, Cassyann Dass, was asked for his birth certificate to get the medical report. However, the attorney said Dass explained she had not applied for it, so she could not get the report from the hospital.
"We find this request to be unreasonable if not ridiculous."
Abdool-Mitchell also said, to date, the dog's owner has not paid compensation.
"We are not unmindful of the burdensome and onerous nature of the work and responsibility doctors face.
"However, police procedure requires a medical report whenever there is an allegation of personal injury before action can be taken against the perpetrator. The delay in providing same often adds insult to injury as the victim is made to feel as though they are a victim for the second time around at the hands of the State.
"The perpetrator (as has happened in this case), is left with an open window of opportunity and space to ridicule, threaten, intimidate and harass the unfortunate victim while reminding them of how much money, power, and contacts he has in the police service, the office of the DPP and even the hospital."
The attorney said the "prediction that nothing will come of this is often accompanied by offers to settle the matter for a paltry sum."
Abdool-Mitchell complained that "delays in providing medical reports of victims of alleged criminal offence is a serious one that has plagued society for some time.
"It has been particularly problematic in cases of domestic violence and motor vehicle accidents where victims are often made to wait for an unreasonably long period of time before they can obtain a simple medical to allow the wheels of justice to turn."
He said there was no good reason why the SWRHA could not simply provide a preliminary report "to set the wheels of justice in motion," and then provide a more detailed one later.
On November 13, Naidoo was at his home at Mussarap North, GP Road, when the dog, said to be mixed with Akita, attacked him. The dog’s owner lives on the same street. The boy was bitten on the face.
The dog’s owner has not responded to similar correspondence sent by the attorneys. Dass is also represented by Anand Ramlogan and Ganesh Saroop.
