APPLICATION TOO LATE

Justice Mark Mohammed yesterday did not grant leave to Deputy Chief Magistrate Deborah Thomas-Felix to seek judicial review of the decision of Chief Magistrate Sherman Mc Nicolls to assign her to San Fernando Magistrates’ Court. The judge noted that if he was to grant the relief sought by Thomas-Felix, it would be detrimental to good administration.

Thomas-Felix wanted the judge to quash Mc Nicolls’ decision, claiming that the journey to San Fernando aggravated her back injuries and that she was under threat of being kidnapped and murdered while travelling to her new posting. Some attorneys said last night that Thomas-Felix could appeal Justice Mohammed’s ruling. Another major reason for not granting leave was that Thomas-Felix had filed her application for review out of the statutory time limit. She had a three-month cut-off date in which to file her documents but instead took six months and two weeks. Justice Mohammed did not accept the reasons advanced by Thomas-Felix’s lawyers for her late filing as being reasonable and sensible, and indicated that in the circumstances, he would not exercise his discretion and extend the time. He also noted that the other grounds argued did not pass the threshold required for allowing leave. Arguing her ex-parte application were attorneys Douglas Mendes and Stuart Young, instructed by Nicha Cardinez.

Douglas had argued that Thomas-Felix did not file for leave when the decision was made to assign her to San Fernando on January 8, 2003, because she was hoping that the matter would be settled without having to expose it to the public. But Justice Mohammed noted that the newspaper clipping in her bundle of documents indicated that much exposure had already taken place.  It was strongly argued that her back injury, aggravated by the “long” journey, kept her away from court and that she was under doctor’s orders to remain in bed. Mendes further argued that Mc Nicolls knew of her illness and “shocked her out of the blue” by sending her to San Fernando. Mendes said that it was like a demotion because Thomas-Felix then performed the duties of a senior magistrate and that she was deprived of the staff of the Deputy Chief Magistrate.

In Justice Mohammed’s judgment, he said: “Application for judicial review should be made promptly and in any event within three months from the date when grounds of the application first arose unless the court considers that there is good reason for extending that period. “The Court may refuse to grant leave when applying for judicial review if it considers that there has been undue delay in making the application, and that the grant of any relief would cause substantial hardship to or substantial prejudice to the rights of any person or would be detrimental to good administration.” Justice Mohammed delivered his judgment shortly before 6.00 pm yesterday, but not before retiring on three occasions to consider submissions made by Mendes. Mendes first related the history of Thomas-Felix’s case to have Mc Nicolls reconsider his decision, and referred to several exchanges of correspondence between the Chief and his Deputy. He told the Port-of-Spain Fourth Civil court that Thomas-Felix had behaved sensibly and reasonably and ought not to be penalised for putting off filing her legal action.  He even told the Court about a threat which specified that Thomas Felix would be kidnapped and murdered while on her way to San Fernando. He said security had to be beefed up for the magistrate.