Tuesday February 9th, 2010
- Last update:12 hours 55 min ago
Insurance company boss:
Mc Nicolls’ van was not covered
Published: 7 Oct 2009
Photos: Keith Matthews
Witty comments, frequent objections and the prolonged cross-examination of a defence witness, yesterday dragged the traffic case against Chief Magistrate Sherman Mc Nicolls to more than three hours.
In the end the ruling in the no-case submission, which was expected to be given yesterday, was adjourned to another day—October 19. Mc Nicolls and his driver/bodyguard PC Sean Simon reappeared before Senior Magistrate Lucina Cardenas-Ragoonanan in the Port-of-Spain Magistrate’s Fourth Court yesterday. Mc Nicolls is charged with permitting Simon to drive his (Mc Nicolls’) Hilux without a valid certificate of insurance. Simon is also charged with driving the vehicle without valid insurance. Senior Counsel Israel Khan and Ian Benjamin represent both men. The hearing started at 10.30 am with Yacoob Ali, managing director of Capital Insurance being called as a defence witness. He pointed out that several of Mc Nicolls’ vehicles were insured with his company.
Questioned by Khan, Ali said he had more than 20 years experience in the insurance business. He said according to company procedure, when an insurance policy expired, the policy holder would be contacted regarding payment. He said Mc Nicolls was contacted, but the company was told he was out of the country. “When the accident occurred I asked (staff) what had happened and I was told that they were waiting to issue a certificate but Mc Nicolls was not here,” Ali said. Under cross-examination from State prosecutor Renuka Rambhagan he noted that at the time of the accident Mc Nicolls had no valid certificate of insurance. He said although there was an arrangement for a automatic renewal of Mc Nicolls’ policy, this arrangement was not stated on the certificate of insurance.
He said automatic renewal was a special privilege which Mc Nicolls requested verbally. Several times during the hearing Khan remarked that Rambhagan was asking questions only a law student should. Benjamin frequently objected to the attorney’s questions as well. Rambhagan responded sarcastically that Khan taught her at law school and she was carrying out her duty as she was taught. The hearing was completed shortly after 1.30 pm.
The charge
The charges against Mc Nicolls and Simon stemmed from an alleged accident that occurred on the Lady Young Road, Belmont, on February 20, in which a vehicle driven by a Mt Hope woman collided with Mc Nicolls’ Toyota Hilux. The woman reported the accident to the Belmont Police Station while Simon made a report to the Princes Town Police Station later that night.
All these adjournments are
All these adjournments are simply to try and find a loophole to get the CM off, when everyone can see that he is guilty of having no insurance cover at the time.
If it was a regular Joe on the charge, he'd be paying a hefty fine or serving some jail time now if he cannot afford the fine.
Jumbie's Watch
They are wasting valuable
They are wasting valuable court time and the time of prominent lawyers. A verbal request to renew the insurance is questionable at best (especially if nothing is on file to attest to this). What I'd like to know is why he went to a station in Princes Town. Woudn't you go to a station closest to the scene of the accident ?
When you big, you large. You
When you big, you large. You really think, that for one moment, anyone going to find the C.M. guilty of anything? This big show is just another waste of taxpayers' money and the court's time. Get it over with and throw it out and save us time, money, and media space.
In the end the CM and his
In the end the CM and his driver going to walk, so one has to wonder why all the big show.
How you know? You doing yuh
How you know? You doing yuh ting for them or what?
Why are we wasting the
Why are we wasting the Court's Time and the Taxpayers' Money? We know he go get off. We know Lucinda is a staunch PNM supporter and Manning's compadre so she will agree to a "no case " submission. She probably requested an adjournment to make a phone call to "His Majesty" Patos.
The insurance rep has made
The insurance rep has made it clear that MacN. had no valid insurance cert. as required under the law. He could save the Court valuable time and money, plead guilty as charged and Khan could beg for a lenient sentence for his friend. The Court has a huge backlog of cases to determine. Don't waste any more time and money on this case. Khan can put his foot in his mouth and then recuse himself & then Mac can claim unfair publicity etc and move for a dismissal.
Guilty yes, but some people
Guilty yes, but some people are writing as though their DP or insurance has never expired without them remembering to renew it. It appears to me that the stance is being taken by many because it is the Chief Magistrate who is involved. If it was Joe Bloke, would there have been the same fervor? The bottom line is that according to the law, the vehicle was not insured at the time of the accident and the owner is liable. Let's state that and forget personalities.
Not guilty. Stupid court
Not guilty. Stupid court case wasting tax payers money. The man had his policy on automatic renewal....the certificate was NOT issued..does that mean he had no insurance?
YES! He had no insurance....
YES! He had no insurance....
Ah yes, the 'bottom line'
Ah yes, the 'bottom line'
If it was Joe Bloke, would there have been the same fervor? The bottom line is that according to the law, the vehicle was not insured at the time of the accident and the owner is liable. Let's state that and forget personalities.
In which case, one could say "case closed". If it were indeed Jo(e) Bloke, would it have taken so long for the charges to have been filed?
If it were Jo(e) Bloke, would there even have been the 'opportunity' to lodge a 'not guilty' or as in this case, 'the insurance was renewed but the certificate was not issued' defence inspite of the law saying (as I understand it) that the insurance is not in place if the certificate is not issued?
(It begs the question of whether this is a case of 'the law being an @rse' if premiums are being deducted/have been made, yet the certificate is not issued. But, I digress.)
The fervor in this instance is (rightly) because the whole application of the law does not appear to be text book, and one can only attribute it to the 'personality' involved.
La diva, la vida
I don't know about you, but
I don't know about you, but I put a couple reminders in my diary a couple weeks before the deadlines of all such items requiring attention. Some people even programme these events in their cell phones and computers. I'm sure Mac is provided with at least a free diary by Government, like any senior public servant. And according to the article the man owns a fleet of vehicles, so renewals should be a matter of routine. No excuse for this high profile man who is there to ensure that the law is obeyed or delinquents face prescribed sanctions. Very poor example in such an already lawless society. He has a record of handing down the maximum sentences available. He should expect no less.
Yo, Prince!
Yo, Prince!
I don't know about you, but I put a couple reminders in my diary a couple weeks before the deadlines of all such items requiring attention.
As a diva, I, do not have a diary. That is what my people are there for! I, do not even carry an umbrella. Remember, I, am a Persian cat! (^!^)
La diva de la vida
I say meow to that, La Diva.
I say meow to that, La Diva. Hope I don't get scratched for that response. Haven't had my tetanus shot for a long, long time now.
Purr... right back at
Purr... right back at you!
Hope I don't get scratched for that response. Haven't had my tetanus shot for a long, long time now.
I trust you are not suggesting my paws would have spores of the bacterium Clostridium tetani on them! Purple, the colour of the emperors, is the only carpet I walk on. The red carpet is so... so... passe! (^!^) But don't tell anyone I told you this, else, you may find the carpets in a certain residence will be needing changing and they have only be laid in the last three years or so! Let it not be said, I was responsible for a few extra million being allocated to said residence! (Oh, the shame!)
However, in the unlikely event you are (^_~), I will have to arrange for you to spend a week on the desert island with Mrs. Malaprop! (^*^)
La diva
....Lucinda the Liberator
....Lucinda the Liberator will live up to her name....
What are you saying? She go
What are you saying? She go loosen the noose round Mac's neck? Will that be the verdict from Lucinda to Lucifer? How illucidating for we bush lawyers!
Is there an Insurance
Is there an Insurance Commissioner in T&T? If so, the Prosecution should call him/her as a witness. That person should be able to explain if there is anything such as an "automatic renewal" on a policy for special customers. That's called discrimination. If so, every policy holder should request one. Is he a General Manager of an Agency or is he the one that issues the policy? Oh! the laughable Justice system in T&T. Blow boy!!!
Is there a new definition of
Is there a new definition of perjury? I'm only an unqualified 'bush lawyer' (certainly not a real one), but if someone engineers the truth in court one isn't he liable to be charged for perjury? Would the His honour have let off someone for committing the same alleged offence if such a defendant appeared before him? Honestly, I hate to see big, respectable people who occupy such important positions finding themselves in such sticky situations where their integrity and honour are being held up before a microscope. If this doesn't apply to the instant case, then skip this blog.
ajfyzabadbutlertown
Is there a new definition of
Is there a new definition of perjury? I'm only an unqualified 'bush lawyer' (certainly not a real one), but if someone engineers the truth in court one isn't he liable to be charged for perjury? Would the His honour have let off someone for committing the same alleged offence if such a defendant appeared before him? Honestly, I hate to see big, respectable people who occupy such important positions finding themselves in such sticky situations where their integrity and honour are being held up before a microscope. If this doesn't apply to the instant case, then skip this blog.
ajfyzabadbutlertown