Mehul Choksi Incapacitated & Unable To Appear, Lawyers Tell Dominica Court; Seek Private Doctor For Him

As Mehul Choksi's lawyer sought a private doctor for him, the head of the police case said there is no constitutional right for one to be given the opportunity while he is on remand.

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Dominica: The Magistrate's court in Roseau has adjourned the case against Mehul Choksi to July 6 as Choksi, who was expected in court on Friday for his case of illegal entry into Dominica, had another medical certificate was submitted to show that he is incapacitated and unable to appear in court.

The fugitive diamantaire is currently a patient at the Dominica-China Friendship Hospital. His lawyers made an application in court for him to see a private medical practitioner for a second opinion.

However, the head of the police case, advocate Lennox Lawrence opposed the application saying that the Magistrate's court does not have jurisdiction to make such an order since the defendant is on remand at the hospital.

Lawrence said there is no constitutional right for one to be given the opportunity to see a private doctor while he is on remand. He told the court that if the lawyers want they can take the application to the high court. Counsel for Choksi, Zeena More Dyer said that her client is bleeding in the head and it's his constitutional right to see a doctor of his choice. She said it would be an abuse of power if he was not granted the opportunity.

Chief magistrate Candia Carrette George said that she has no doubt that if someone is ill, he needs to see a doctor but she is not sure whether she has jurisdiction to  agree to the application made by Choksi's lawyers.

She urged them to take the application to the high court as the parties considered a date for the matter to resume the prosecution said they are ready. However, lawyers for Choksi said they have asked the prosecution for disclosure to prepare for the trial but it is not forthcoming. It was not clear whether Choksi's health would improve in the next few days so the court said it will aim for July 6  to see whether the matter can begin.

Choksi has maintained that he was abducted on May 23 in Antigua and taken to Dominica against his will.

(With Inputs By Curtis Mathew)