Thomas-Felix to appear before Medical Board

Deputy Chief Magistrate Deborah Thomas-Felix is to appear before the Medical Board of the Judicial and Legal Services Commission after being served with a letter from Chief Magistrate Sherman McNicolls.

The dissatisfaction of Deputy Thomas-Felix with the decision of Justice Mark Mohammed led her attorney to the Court of Appeal yesterday.  Mohammed decided not to grant her leave for judicial review to challenge the decision of Mc-Nicolls to transfer her to the San Fernando Magis-trates’ Court. Following her assignment to San Fernan-do on January 8, 2003, Thomas-Felix complained that the long journey posed a threat to both her health and safety. She reportedly aggravated a serious back injury and was forced to take sick leave on more than one occasion as a result of travelling to the court. She is also saying that she considers the action of the Chief Magistrate is an abuse of power which violated her constitutional right to equality of treatment. In addition, she asked for judicial review of the Chief Magistrate due to the fact that she was assigned to the San Fernando Court which meant that McNicolls will be hearing a high-profile matter involving Opposition Leader Basdeo Panday instead of her. Attorney Douglas Mendez of Boynes and Company made an application for the matter to be “dealt with expeditiously.” The attorney was willing to proceed with the matter in the absence of McNicolls and his legal counsel.

Justices Lionel Jones, Stanley John and Margot Warner informed the attorneys that they wished for McNicolls to be present on the adjournment date to address his attorneys on a legal point. The Justices then instructed attorneys representing Thomas-Felix to serve McNicolls with the documents relevant to the proceedings within seven days. Regarding Thomas-Felix’s appearance before the Medical Board, Justice Jones said, “The Commission will follow whatever advice the Medical Board gives.”  Mendez replied, “Long distances by car will aggravate the injury. If she decides to attend the San Fernando Court, she will be forced to take sick leave once again.” Justice Jones then informed Mendez that he didn’t share his “mistrust for the Commission.” Thomas-Felix is to appear before the Medical Board on August 5 at 9 am. The matter was then adjourned to September 22.