Monday, October 19 2009

A decision is expected to be made today in the Port-of-Spain Magistrates’ Court on whether Chief Magistrate Sherman Mc Nicolls committed a traffic offence.

McNicolls is currently before the court charged with permitting his bodyguard, PC Sean Simon, to drive his (Mc Nicolls’) vehicle without a valid policy of insurance. Simon is also charged with driving the vehicle without a valid policy of insurance.

Both Mc Nicolls and Simon 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 alleged accident on February 20, last, 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.

The matter originally was called before Senior Magistrate Lucina Cardenas-Ragoonanan on September 10, and since then attorneys on both sides have fiercely argued their cases.

The defence is arguing that Mc Nicolls had a valid policy of insurance at the time of the accident, as documents tendered into evidence show the policy with Capital Insurance was one of automatic renewal and continued on even when the insurance certificate expired last year.

The State however is challenging this and argues that an insurance policy is only given effect with the presence of an insurance certificate.

The automatic renewal of the policy as it relates to the Chief Magistrate is also under question.

Cardenas-Ragoonanan is expected to make her decision today following legal arguments from defence attorney Israel Khan, SC, who is representing the two accused, and State prosecutor Renuka Rambhajan.