Chief Magistrate to appear in court

Summons for Mc Nicolls

Published: 20 Aug 2009

Chief Magistrate
Sherman Mc Nicolls

Chief Magistrate Sherman Mc Nicolls has been slapped with a charge of permitting a police officer assigned to the Special Branch Unit to drive his vehicle without a valid certificate of insurance. PC Simon, Mc Nicolls’ driver, was also charged with driving a vehicle without a valid certificate of insurance. Both were charged via summonses under the Motor Vehicle and Insurance Act, Chapter 48:51 Section 3:1. Mc Nicolls is not the first presiding magistrate to be charged with a traffic offence.

Last November, Senior Magistrate Jo-Anne Connor was before Mc Nicolls in the Port-of-Spain Magistrates’ Court on three traffic charges. Connor was later acquitted, after Mc Nicolls ruled that the Transport officer who laid the charges had no authority under the law to do so.The information against Mc Nicolls and PC Simon was laid before a Justice of the Peace at the Port-of-Spain Magistrates’ Court late Tuesday, mere days before the statutory time frame for laying the charges had expired. Police sources said they received instructions from the office of acting Director of Public Prosecutions Carla Brown-Antoine to prefer the charges against the Chief Magistrate and the officer.

The file was first submitted to head of the Port-of-Spain Division Snr Supt Paul Rodriguez and later sent to the DPP’s office for advice. After the information was laid, investigators obtained summonses for Mc Nicolls and Simon to appear before Port-of-Spain Sixth Court Magistrate Debbie Ann-Bassaw on September 10. The prosecution claimed that on February 13, 2009, Mc Nicolls permitted Simon to drive his Hilux van along the Lady Young Road, Belmont.

The charges, police said, stemmed from an accident in which a pick-up, driven by a woman of Mt Hope, collided with Mc Nicolls’ vehicle. The woman later made a report at Belmont Police Station, while PC Simon reported the accident later that night at Princes Town Police Station. Police sources said the summonses were not served on Mc Nicolls and Simon up to late yesterday. Cpl Rakesh Ramsook of the Belmont Police investigated the matter and laid the charges.

Flashback
On November 23, 2007, Senior Magistrate Jo-Anne Connor was acquitted on three road traffic charges when she appeared in the Port-of-Spain Eight Magistrates’ Court before Mc Nicolls. Mc Nicolls agreed with Connor’s lead attorney, Dana Seetahal, SC, who argued that Transport officer George Newtown had no powers under the Motor Vehicle and Road Traffic Act to lay charges. Connor had been charged with improper overtaking, failing to comply with traffic signals and inconsiderate driving while proceeding along the Audrey Jeffers Highway, Mucurapo, on June 10, 2006.

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'It good for he'

'It good for he'

I hope that he is not

I hope that he is not acquitted. Perhaps they could even lock him in a cell for a few hours.

Isn't he supposed to be on

Isn't he supposed to be on pre-retirement leave some time now?

Jumbie's Watch

This is the same man who

This is the same man who refused to testify in the enquiry over the Manning/Sharma fiasco, although he was the one who started the bacchanal.
He is the same man who also rudely insulted the key witness in the case pertaining to the shooting incident that took place at President's House a few years ago.
People who are responsible for appointing magistrates and judges need to review their background carefully, before making these appointments.

"This is the same man who

"This is the same man who refused to testify in the enquiry over the Manning/Sharma fiasco, although he was the one who started the bacchanal"

The real "kutchor" maker and initiator was and remains John Jeremie. We are yet to see some of his "best work"

Oh boy

Oh boy

(quote)On November 23, 2007, Senior Magistrate Jo-Anne Connor was acquitted on three road traffic charges when she appeared in the Port-of-Spain Eight Magistrates’ Court before Mc Nicolls. Mc Nicolls agreed with Connor’s lead attorney, Dana Seetahal, SC, who argued that Transport officer George Newtown had no powers under the Motor Vehicle and Road Traffic Act to lay charges. Connor had been charged with improper overtaking, failing to comply with traffic signals and inconsiderate driving while proceeding along the Audrey Jeffers Highway, Mucurapo, on June 10, 2006.(unquote)

Whilst 'two' wrongs do not make a right, what if someone had been hurt? Would the magistrate have still been acquitted?

If the transport officer did not have the powers to lay charges, who did and why weren't those charges relaid?

I can well imagine it is 'examples' like this that make it difficult for the officers who do care and are on the ball, to do anything involving Trinbago public.

La Diva

Different set of rules for

Different set of rules for different set of people I suppose...

Only last night I was informed that the Jusamco truck that was involved in the fatality that took 5 lives on the Mosquito Creek was released back to the owners. I'm not too much of a bright guy as you all can probably figure out by now, but I really thought that vehicles involved in fatalities were impounded by the Police so that they can properly investigate it as well as no tampering could be done.

....now look what you've

....now look what you've done Carla!....this lapse in judgment could prove fatal to whatever career aspirations you may have with respect to your acting appointment....this judicial pillar, a law unto himself...has toiled late at nights to fashion his judgments in accordance with the wishes of the nation's Father...who will not take lightly these charges being laid merely days before the expiry of the statute of limitations...after all..wasn't this faithful servant so instrumental in ridding his Master of that meddlesome CJ?....no Carla...that's not the way to the top in T&T girl...you may have to do like ex-judge Stanley and ply your trade elsewhere....pity you've turned out just like Mommy!....

How come Hafeez Karamath son

How come Hafeez Karamath son hasn't been charged yet for killing the two farmers a few weeks ago?

In a civilized country there

In a civilized country there should be absolutely ZERO tolerance of law breaking by those paid and responsible for the upholding of the law.
We know what will happen though in "sweet T&T" dont we. We see it again and again.
J Lindsay

In a civilized country there

In a civilized country there should be absolutely ZERO tolerance of law breaking by those paid and responsible for the upholding of the law.
We know what will happen though in "sweet T&T" dont we. We see it again and again.
J Lindsay

If anybody think that

If anybody think that anything going to come out of this besides Carla being transferred or kicked out, then people don't really know how things are done in T&T.

This is just another case of

This is just another case of stupid Trinidadian laws. It would be like issuing a summons to president obama because one of his secret service detail didnt renew his gun permit. What silliness! Are all senior govt officials to ask their authorized and govt issued drivers to show proof that they have licenses and that their paperwork are all in order before getting in to the chauffeured car? I read about another silly case in Express where a woman was arrested because she came in to the police station to renew her gun permit and, as required, she brought her licensed gun and 28 rounds of ammo. Seems the current permit only allowed 25 rounds of ammmo not 28 so she was arrested for the extra three rounds. This is laughable and a total waste of the court's time. Couldnt the officer at the police station just had confiscate the extra bullets? Don S. NY

Don, yuh leave out the most

Don, yuh leave out the most laughable part and that is she CANNOT read, write or speak english.

Don, pay attention! The

Don, pay attention!

The INSURANCE for the vehicle belonging to Mc Nicholls, is the responsibility of the owner of the vehicle (Mc Nicholls) and not merely the driver.

The woman arrested with regard to the 3 rounds of ammunition, was only arrested after she declared that she could not read or write english, which appears to be a pre-requisite for the gun licence.

Now look at the chupidness

Now look at the chupidness going on here. He is charged with permitting a police duncey to drive his vehicle without insurance. Not with not having insurance. You see the difference?

Now, it’s Shermie’s responsibility to see that his vehicle has insurance, not the job of PC Simon. The charge is not failure to produce an insurance certificate eh, which means that it has been discovered that the Chief Magistrate has been found to have no insurance on his Hilux, which is driven on the roads, and which was involved in an MVA.

So why that particular charge, and why the wording of the charge? Makes me wonder if such a charge exists on the books and whether this is a gem of a strategy to get Shermie off down the line.

Keep in mind, that after years of Licensing Officers charging people, having them pay fines or serve prison time, Shermie lately ruled that the said Officers have no authority to lay charges. Slick as a snake greased in hot hog fat, the members of the Judiciary find innovative ways to protect their own.

By the way, who is going to compensate the poor lady who was also in the accident? Are we now going to see Shermie as the defendant in a law suit?

Jumbie's Watch

Dear Jumbie

Dear Jumbie

Now, it’s Shermie’s responsibility to see that his vehicle has insurance

You fallin' asleep on yah watch, man! You will probably find His Honor has a staff member whose 'responsibility' it was to renew the insurance. If a member of staff could 'lose' a letter from President Richards to her/his boss (Mr Panday) re the Integrity Commission, why cannot a member of staff be held accountable (right or wrongly, considering who the ultimate owner of the vehicle is) for not renewing the insurance?

Slick as a snake greased in hot hog fat

I must pose this question - I love the imagery invoked by your prose by the way - would a snake in "hot" fat, not have jumped out of the fat? Just wondering... :D

As for who is going to compensate the lady driver? The article says her truck collided with His Honor's vehicle. I guess it depends on who 'was at fault' that would have to pay the compensation, insurance cover or not.

Oh, and please cut the PC some slack and not refer to him as "duncey". As the driver assigned, is it in his duties to question 'his boss' as to whether the boss has insurance? You want the PC up on a charge of insubordination or what? Remember what happened to another PC who dared to have words with his 'boss' about some members of staff, albeit from a different (special) unit.

La Diva

Nah, Diva... Shermie ent so

Nah, Diva...

Shermie ent so high up de food chain that he have more than a driver... and perhaps a PA at the court... and his is the final responsibility for the insurance coverage if it is his vehicle, no matter that he have ah entire battalion of staff at his beck and call.

The 'hot' fat is to convey the sense of slipperiness, not really the actual drippings of hot fat on a snake... see?

I hardly ever cut dunceys slack... I've hardly met instances where intelligence overrides dotishness... but that's just me. (^_~)

Jumbie's Watch

Mister Jumbie The 'hot'

Mister Jumbie

The 'hot' fat is to convey the sense of slipperiness, not really the actual drippings of hot fat on a snake... see?

I knew that! Just wanted to see what your response would be (^_~)

In any event, I trust my report card now reads:

Intelligence: 1 point

Dotishness: 0 points

La Diva (^_~)

This magistrate has been

This magistrate has been getting away with too much so far. He is the same person who refused to testify in the Manning/Sharma matter of course, he, being who he is(?) got off scot free no questions asked or charges being placed. And, to boot, he started it all!!! Well look now McNicolls, God ent sleeping after all. You are back in the limelight in an unpleasant light once more.

'Himself to Himself', the

'Himself to Himself', the late great Trinidad and Tobago calypsonian Mighty Spoiler sang,'you not guilty'.

ajfyzabadbutlertown

 
 

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