Thomas-Felix wins rights to appeal judge’s decision

ATTORNEY Douglas Mendes yesterday told the Port-of-Spain Court of Appeal that a letter sent to Chief Magistrate Sherman McNicolls in June 2003 challenging his decision to re-assign Deputy Chief Magistrate Deborah Thomas-Felix to San Fernando Court was an independent issue, and should be dealt with as a separate issue. This statement formed part of Mendes’ legal argument to challenge a ruling by Justice Mark Mohammed to deny an application filed by Thomas-Felix for review of McNicolls decision to relocate her to San Fernando Magistrates’ Court.  On Tuesday Mendes informed the court that he had filed an application to challenge Justice Mohammed’s ruling, and an application to introduce new evidence in the matter. When the matter resumed yesterday before Justice Lionel Jones, Justice Stanley John and Justice Margot Warner, Mendes was informed that the application to challenge Justice Mohammed’s decision would be approved.
 
However, the application to introduce new evidence was denied, since the evidence was not presented before the trial judge prior to the appeal. During his submission Mendes noted that contrary to Justice Mohammed’s ruling, the application for judicial review, filed on July 21, 2003, was on time. He stated that the application was directly related to a letter sent to McNicolls on June 12, explaining Thomas-Felix’s medical condition following physiotherapy and aqua-therapy. He said the doctors who conducted the therapy observed that there was a 60 percent improvement, however, they advised that sitting or driving for any extended period was impossible and would only aggravate her back problem. The letter also explained that threats were made against Thomas-Felix and her family, and a suggestion was  made that she be reassigned to Port-of-Spain Magistrates’ Court.

He told the court that the decision made in February to confirm her relocation to San Fernando was made prior to the results of her therapy, and the revelation of the threats made against her.  Mendes told the court that the therapy was conducted after McNicolls suggested that she take extended sick leave to deal with her medical problem. Justice Jones explained to Mendes that the information regarding the threats made against Thomas-Felix was available to her since January 28, however the information was not released until sometime after. He explained that bearing in mind that there was a time frame set aside for the filing of application for judicial review, one could not keep information to themselves and release it when they saw it fit. Justice Jones also noted that he was surprised that the authorities would have that type of information and release it to Thomas-Felix and not the authorities. In response Mendes explained that his client did not reveal the information on the advice of the police. He explained that the information was not even revealed to Thomas-Felix’s attorney at the time. Douglas Mendes assisted by Stuart Young and Nisha Cardinez represented Thomas-Felix, while McNicolls was represented by Russell Martineau. The matter was adjourned to a date to be fixed.