By Alexander Bruzual Thursday, September 24 2009

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DEFENCE COUNSEL: Senior Counsel Israel Khan, defending Mc Nicolls....

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The Chief Magistrate is before the court, along with his driver Police Constable Sean Simon, for the use of a motor vehicle without a valid insurance policy.

The matter was called before Senior Magistrate Lucina Cardenas-Ragoonanan, in the 4A Magistrate’s Court.



ASP Kenneth Cordner of the Court and Process Branch repeatedly tried to adjourn the case on two grounds. Firstly that it was police policy not to try cases which involved members of the police service, or individuals who hold senior or public offices in the country.



Secondly, also stemming from the policy, no State attorney had yet been assigned to the matter despite the fact that the pertinent files had been sent to the Director of Public Prosecutions.



Defence attorney, Israel Khan SC, refused to accept any application for adjournment. Counsel went on to recant objections regarding an “abuse of process” made when the matter was originally called before the court on September 10.



Cardenas-Ragoonanan sided with the attorney, saying the court was of the opinion the prosecution was capable of starting the case, and as such the matter began.



Police Constable Ian Ramroop of the Princes Town Police Station and the complainant in the matter Cpl Rakesh Ramsook of the Belmont Police Station, were called to testify.



Both men were led in evidence by Cordner, and were cross-examined at length by Khan.



However, it was under Ramsook’s cross-examination the senior counsel was able to show, through evidence provided by the complainant, that a policy for the vehicle did exist, and was also one of automatic renewal.



“The insurance company gave you a document (through your investigations) stating he (Mc Nicolls) has a policy which has the condition of automatic renewal once expired. The document even clearly shows the company accepted the relevant risks, if the premium was not paid. So therefore, you have no evidence whatsoever that an insurance policy has expired,” Khan argued.



“In my opinion, I could not have been more clear,” Ramsook said.



However, the corporal later received instructions from Reyes, which ordered him to lay charges against the Chief Magistrate.



“You charged him contrary to section 3:1 of the Motor Vehicle and Insurance Act, for the criminal offence of not having a policy of insurance. Yet nonetheless you were aware there was such a policy. You knew in your heart and conscience not to charge him, but because you received instructions from the deputy commissioner, that gave you an excuse to plaster the chief magistrate’s name all over the daily newspapers over a matter as trivial as this,” Khan said.



The matter is scheduled to resume next Tuesday.