By Alexander Bruzual Friday, September 11 2009

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Sherman McNicolls...

It was a surprising moment yesterday for members in the public gallery of the Port-of-Spain Magistrates’ 4A court, when Chief Magistrate Sherman Mc Nicolls made his way to the bar where prisoners usually occupy standing.

Several murmurs were heard inside the packed courtroom as Mc Nicolls and Police Constable Sean Simon entered the area to answer charges for traffic offences.

The two State officials were represented by defence attorneys Israel Khan SC, Stanley Marcus SC, and Ian Benjamin.

ASP Kenneth Cordner represented the prosecution in the matter. Acting Senior Magistrate Gail Gonzales read the charges against the two accused.

It is alleged on February 23, 2009, Mc Nicolls permitted Simon to drive his Hi-Lux van, registered TBY 3799, along the Lady Young Road, Belmont, without a valid certificate of insurance.

It is also alleged on the same date, Simon drove the Hi-Lux vehicle without a valid certificate of insurance.

Both men pleaded not guilty to the charges. In his address to the court, Khan challenged foundations on which the charges were made, questioning why officers had waited until the final moments before the allocated duration to charge individuals had expired. He said this was a clear abuse of process.

The senior counsel also took umbrage to the fact the police officers who laid the charges never consulted the acting Director of Public Prosecutions before proceeding on their course of action.

Yet, now that the matter was before the court, the officers intended to seek the DPP’s advice.

“For such a matter which is involving a judicial officer especially in this case, as it is the chief magistrate, they should have consulted the DPP first.

“Yet it is only now, after the horse has bolted from the stable, they are inclined to seek instructions,” Khan noted.

He explained while his clients were not in possession of the certificate at the time of the investigation, they did have valid car insurance, as the policy taken out for the vehicle was in full force.

Khan also stressed Simon should not have been charged at all, as he was not the owner of the vehicle, and he would not have known if the insurance was valid or not. After Khan’s address, the matter was adjourned. It is expected to resume September 23. Both McNicolls and Simons were charged on August 20, last, via summonses under the Motor Vehicle and Insurance Act, Chapter 48:51 Section 3:1. The charges stemmed from an accident in which a vehicle, driven by a woman of Mt Hope, collided with the vehicle driven by Simon. A report was later made at the Belmont Police Station by the woman, while Simon reported the accident at the Princes Town Police Station.

Cpl Rakesh Ramsook, of the Belmont Police Station, investigated the matter and laid the charges.