Thomas-Felix denied permission to introduce new evidence

DEPUTY CHIEF Magistrate Deborah Thomas-Felix was yesterday denied permission to introduce new evidence in the matter in which she is applying for judicial review of the decision by Chief Magistrate Sherman McNicolls to assign her to the San Fernando Court.

The matter came before High Court Judge Lionel Jones, Justice Margot Warner and Justice Stanley John in the Port-of-Spain Court of Appeal.
Justice Jones, also informed Thomas-Felix through her attorney Douglas Mendes, that the court would proceed with the matter on Thursday, minus the inclusion of the new evidence. Mendes was assisted by attorneys Stuart Young and Nisha Cardinez. In his application to introduce new evidence in the trial, Mendes indicated that there were three bases for admitting new evidence. He explained that it must be credible, consideration of the impact it would have on the case, and whether or not the evidence could be obtained at the time of the trial.

Mendes told the court that the results of a medical done on Thomas-Felix in May 2003 concluded that her back injury would be affected by long travel. He said that the results from this examination were not submitted, although they were assured that “everything had been sent.” He indicated that the only medical reports from January 2002 - February 2003 were submitted. Mendes also told the court that a letter had been sent asking that McNicolls revoke the decision to transfer Thomas-Felix to the San Fernando Magistrates’ Court. However, no response was given and the matter referred to the commission, who in turn sent it to the Medical Board. Justice Jones informed Mendes that McNicolls had responded to a similar letter in February and had indicated that he (McNicolls) saw no reason to rescind the decision.