Hearing over driver's permit suspension delayed again

THE judge hearing the legal challenge of the new traffic laws’ demerit point system has stayed the order of the Transport Commissioner to suspend the permit of an Arouca man for six months after he allegedly racked up ten points.

Justice Frank Seepersad on Tuesday agreed to stay the decision to suspend Zachary De Silva’s permit after the man’s attorneys asked that he consider doing so since it has been almost three months since the permit was suspended and it could render the legal proceedings nugatory if the matter is delayed further.

Seepersad agreed and also read the riot act to the State, saying he was prepared to give his decision, at the next hearing, on the court’s jurisdiction to hear the matter even if submissions are not filed.

His ultimatum came after the State indicated that it was in the process of getting external counsel to defend the matter and no submissions had been filed on the jurisdiction point as previously directed by the judge.

When the case was last called, the judge ordered that the Attorney General be served with the proceedings since there were issues with the law which requires clarification.

“I do not care if the State engages external counsel. What I will insist on is that my timelines are met.” Seepersad said the court does not dance to the drum beat of the Attorney General.

“We have spent two weeks doing nothing. That is unacceptable.”

Seepersad is expected to rule on the preliminary point on February 9.

Earlier in the hearing, he also refused an application by the managing director of Southern Food Basket grocery chain whose permit was also suspended for six months because he allegedly accumulated 11 demerit points.

Nizam Mohammed said he was ticketed for driving with an unauthorised light to the front of his vehicle and driving without a seatbelt in October, last year. He said he was not giving a hearing and surrendered his permit although he needs it because of his businesses.

Mohammed filed a constitutional claim challenging the demerit point system and the matter was assigned to Justice Kevin Ramcharan. He is represented by attorney Edwin Roopnarine, who, after reading about De Silva’s matter in Newsday, filed an application to intervene in the matter before Seepersad.

In refusing to grant the application, Seepersad said he was not going to usurp another judge to whom the matter was docketed. “You are already before a court,” he told Roopnarine. Mohammed’s matter is expected to come up on January 29, before Ramcharan and in it he is challenging his right to a fair hearing.

In De Silva’s matter, Seepersad said attorneys are expected to address the court’s concerns for what appeared to be a lack of legislative clarity in the amendment to the Motor Vehicles and Road Traffic Act on the process to be engaged when challenging a disqualification or suspension.

De Silva received a fixed date penalty notice in May 2020 for driving with a cell phone. He received two more tickets in July and September for breaching a traffic sign and because his front seat passenger was not wearing a seatbelt.

He paid the fines and he thought by doing so, he would not get demerit points. He was told that he had accumulated ten demerit points, and of the intention to suspend his permit, and was invited to respond. He did so within the statutory period allowed under the legislation.

De Silva’s lawsuit said apart from the decision being harsh, oppressive and disproportionate, it also failed to provide reasons and the legislation gave the transport commissioner the discretion to suspend and it was not mandatory.

He is represented by attorneys Devvon Williams and Christophe Rodriguez, while Rachael Theophilus appeared for the licensing authority.