Thomas-Felix goes to the Appeal Court

Deputy Chief Magistrate Deborah Thomas-Felix is not satisfied with Justice Mark Mohammed’s decision of not granting her leave for judicial review to challenge the decision of Chief Magistrate Sherman Mc Nicolls to assign her to San Fernando, and has taken his ruling to the Court of Appeal. Thomas-Felix is saying that Justice Mohammed erred in law when he refused her leave for judicial review, and also erred when he found that her application was made out of time and that there was no good reason to extend the time. She also intends  to argue before the Court of Appeal on Monday that Justice Mohammed further erred in law by  finding that to grant her the reliefs being sought would be “detrimental to good administration.” The relief she is seeking is an order quashing McNicolls’ decision. She wants the Court of Appeal to grant her leave to seek her judicial review. On January 8, 2003, Thomas-Felix, who was sitting in the Port-of-Spain Magistrates’ Court, was assigned to the San Fernando Magistracy by McNicolls.

Thomas-Felix complained that the journey to San Fernando aggravated a back injury and forced her to take sick leave on more than one occasion. She also complained that there was a threat to kidnap and murder her while travelling to San Fernando. She is also saying that to send her to San Fernando without a hearing  was an abuse of power, unfair and violated the principle of natural justice. If leave is granted, she is expected to rely on a 1981 Cabinet decision which allegedly stationed the office of the Deputy Chief Magistrate in Port-of-Spain to hear important and high-profile cases. On July 21, 2003, Thomas-Felix filed for judicial review, and the following day, it was heard before Justice Mohammed in the Port-of-Spain Fourth Civil Court. After listening to arguments in the ex-parte application, Justice Mohammed refused leave.