No change in Nurse Marks’ case – TIGI

Despite whistle-blower laws

– expresses fears of cover-up in matter

Much rhetoric had accompanied the passage of the Witness Protection Bill 2017 and the Protected Disclosures Bill in January. But according to the Transparency Institute of Guyana Incorporated (TIGI), Government has failed to live up to this rhetoric in one crucial case.
This is the case of Nurse Sherilyn Marks, who was transferred from the Fort Wellington Hospital last year after exposing a Councillor with ties to the ruling party. At the time, the Councillor was allegedly using her authority to abuse the prescription drug pethidine.
“She (Marks) remains in that state to date,” the group said in a statement. “Laws will not be effective when there is a lack of will to make them work and the fact that Ms Marks’s situation has not been rectified is ominous of the kind of dissonance in the political class that can render whistle-blower legislation inconsequential if it does become law.”
“In relation to actions taken by Ms Marks, there were promises of investigations to determine whether she, in fact, breached any rules of the public service. The Guyana Nursing Council, the Guyana Medial Council and the Ministry of Public Health, were to conduct investigations.”
According to TIGI, these investigations would have uncovered whether Nurse Marks was in breach of the public service rules, whether doctors were complicit and whether the actions against her were inappropriate.
“The Guyana Public Service Union is on record with TIGI as indicating that it stands with Nurse Marks in asserting that she was not in breach of any rules. It asserts that Nurse Marks acted professionally.

The Union also indicated that it held discussions with various entities on behalf of Ms Marks but has been unable to secure a reversal of the actions taken against her.”
“Having become aware of the promises of investigations, TIGI wrote to both the Guyana Nursing Council (delivered on November 20, 2017) and the Guyana Medical Council (initially delivered on December 21, 2017) to enquire about the status of investigations.”
According to TIGI, the Guyana Nursing Council responded to indicate that it is not in a position to provide an update. The group noted that this response failed to even indicate whether or not investigations were initiated.
“We find this to be appalling. Even if the Council does not wish to divulge details of the investigation, there is nothing preventing it from indicating whether or not there was an investigation and whether or not it was completed. There is a difference between confidentiality and secrecy.”
“A January 10, 2018, phone call from TIGI to the Council revealed that our letter that was delivered on December 21, 2017 was misplaced. We then sent an electronic copy on January 10 and receipt was acknowledged the following day. We followed-up by email on February 8, 2018, got no response and again on February 28, 2018, and a response was received on February 28, 2018, indicating that the matter was still engaging the attention of the Council. To date, we have not received a response to the letter from the Guyana Medical Council.”
According to TIGI, the failure of both the Guyana Nursing Council and the Guyana Medical Council to take action in this matter or, at the very least, to respond to TIGI’s legitimate questions on behalf of the Guyanese public, “smacks of a cover-up.”
“Leading healthcare professionals should surely be anxious to provide appropriate treatment for the Councillor, and to support Nurse Marks for having followed correct procedures in an admittedly difficult situation. Indeed, we at TIGI believe that Nurse Sherilyn Marks should be given a national award in recognition of her courage especially in context of the lack of protection for whistle-blowers in Guyana.”