On-call Police doctor loses fight for fees
his bid to sue the ship's agents for his fees, totalling $3,300.
Dr. Femi Bada took legal action against John S. Darrell and Company after he pronounced a 50-year-old Filipino seaman dead in May, last year.
Dr. Bada, on call for the Police that day, claimed in court he was contracted by the shipping agent to carry out the work.
But the agents fought the legal action and refused to pay the bill, claiming they had no contract with the Nigerian-born doctor.
Magistrate Will Francis threw out the case, stating that Dr. Bada was only carrying out his duties as a Police doctor and that if he wanted any extra cash he should look to Government.
He also ordered Dr. Bada, the husband of Supreme Court Registrar Charles-Etta Simmons, to pay John S. Darrell's legal costs of $1,500.
In a written judgment, Mr. Francis wrote: "If the plaintiff (Dr. Bada) is entitled to extra pay for this extra effort and hazard of going to sea, he must look to the Government for that extra pay.
"I find that the plaintiff was acting as Police doctor (so) the defence of illegal contract does not arise.
Dr. Bada billed the agents after he was called out to a pilot boat which was carrying the sailor from the MT Sea Princess .
The Greek oil tanker was on its way from Russia to Houston, Texas, but diverted to Bermuda for an autopsy after the seaman fell on deck and suffered fatal head injuries.
Dr. Bada was also required to carry out forensic work, which later allowed Police to determine there was no foul play involved in the seaman's death.
Mr. Francis said there was no dispute that Dr. Bada carried out the work. The incident arose because the Police were obliged to carry out the work on behalf of the Coroner.
Mr. Francis notes it is Dr. Bada's claim that Police Inspector Mark Bothelo of the Marine Division acted as an agent for the John S. Darrell to contract him to act as doctor.
Dr. Bada, now in private practice, claimed that this was confirmed by Kris Garcia, an employee of John S. Darrell.
"But both Insp. Bothelo and Mr. Garcia strongly deny that they had anything to do with hiring the plaintiff for the defendant,'' writes Mr. Francis.
"I have heard nothing that makes me feel that it is at all likely that this company would use a Police officer as its agent to negotiate an agreement with a doctor, or that a Police officer would, particularly while carrying out his Police duties, as Insp. Bothelo was, take on the job as acting as an agent for a company.
"I therefore accept Insp. Bothelo's denial and do not find it at all likely that Insp. Bothelo acted as the company's agent.''