Hypolite wanted Dhanraj dead

Jamaat Al Muslimeen member Elliot Hypolite said he wanted Dhanraj Singh dead although he did not have a jihad on him, a jury of seven men and five women heard yesterday.  He wanted Dhanraj Singh, the  former Government Minister, to hang with him. He also admitted under oath that he is a liar, thief and bogus, and that he was bad mind  and wanted the accused dead.

Hypolite, also called Abdullah, who was initially charged with the murder of Hansraj Sumairsingh, but received  immunity from prosecution, had testified in the Magistrate’s Court that he knew if convicted for murder he could be hanged, he said: “I thought about it seriously.  I did want a way out from that horrible fate.” He swore to a statement supported by a statutory declaration in which he implicated Dhanraj as hiring him to kill Sumairsingh, Chairman of the Mayaro/Rio Claro Regional Corporation.  Again, the Court heard that at the Magistrates’ Court, Hypolite said: “I swear the document to be jointly charge with Dhanraj Singh so that he will hang  with me. I do not hate Dhanraj Singh or love him.  But I want Dhanraj Singh to die with me.” Dhanraj is before Justice Paula Mae Weekes charged with the murder of Sumairsingh, while Hypolite is the State’s key witness. Sumairsingh was shot to death at his Eccles Road, Mayaro beach house on December 30, 1999.

During cross-examination of Hypolite yesterday, the defence lead attorney, Karl Hudson-Phillips QC, was reminding Hypolite of some of his evidence in the Magistrates’ Court. At the Magistrates’ Court, Hypolite had testified that he saw himself  to be a better Muslim than any. He agreed that nowhere in Islam it stated that one must be a hired killer. In answer to further questions, he said: “I did not know Sumairsingh.  Sumairsingh did nothing to me. I did not have a jihad on him.  I accepted money to harm another. It was never my intention to kill on the receipt of money. I contracted with the accused to kill. When I was at Eccles Road (Sumairsingh’s beach house), I had no intention to kill anybody. I told people I was going to kill but I had no intention to kill. I have not kill no person so in my life.” Hypolite was asked if it was in furtherance of his wish  to have Dhanraj dead, that he  continues to give evidence against him?  “Yes Sir, dead Sir,” he replied.  Another question was: “You having made up your mind to die or have Dhanraj Singh die together with you, you willingly, voluntarily accepted immunity?  “Yes Sir,” and accepted your life, “Yes Sir.”

A follow up question was: “In order to save your own skin you were willing to be available to the prosecution for the rest of your life to make sure Dhanraj Singh hang?”  Answer: “That was the condition of the immunity... to ensure Dhanraj Singh die.” To another question, Hypolite answered: “I will hold my life very sacred and I consider that I will do anything to preserve my life, and  appreciate if he changes his evidence in  the statutory declaration he could lose his life.” Hudson-Phillips further questioned Hypolite about his affiliation with the Muslimeen and the type of organisation it was. Hypolite admitted that the Jamaat Al Muslimeen was an organisation that dabbled in politics. He disagreed that it was a violent organisation but accepted that some of its members died violently.  He further agreed that  several of its  members were accredited  as enforcers, bouncer men, debt collectors and muscle men, but objected to extortion. Hudson-Phillips suggested that because of the violent deaths, being a member of the Muslimeen was an occupational hazard. Hudson-Phillips also raised questions about the political atmosphere at the time the murder charge against Hypolite was dropped and Dhanraj Singh charged. Hudson-Phillips leads Ravi Rajcoomar, Prakash Ramadhar and Jennifer Hudson-Phillips, while Sir Timothy Cassel QC, leads Assistant DPP Devan Rampersad and prosecutors Angelica Teelucksingh and Cheron Raphael. Hearing continues on Monday.

Prosecution’s star witness...
Police in the Jamaat...no way!

By FRANCIS JOSEPH

ELLIOT HYPOLITE, the prosecution’s star witness, yesterday denied that there were police officers associated with the Jamaat Al Muslimeen. He said there may be doctors and lawyers, but not police. Hypolite agreed that members of the Jamaat died violently in the past. He also told the jury that he remained six extra days in prison after he had received immunity from prosecution from the then Director of Public Prosecutions (DPP) Mark Mohammed. The charge of murder was dismissed, but he was required to testify against former UNC Government Minister Dhanraj Singh as a condition for the grant of the immunity.  Singh is before Madame Justice Paula Mae Weekes in the Port-of-Spain Second Criminal Court charged with the murder of Hansraj Sumairsingh at Mayaro on December 31, 1999. Sumairsingh was the chairman of the Mayaro/Rio Claro Regional Corporation at the time of his death. Hypolite was cross-examined yesterday by Karl Hudson-Phillips QC, who is leading the defence team at the trial. Hearing resumes at 12.30 pm on Monday.
The following is yesterday’s evidence:

HUDSON-PHILLIPS: Is your name Elliot Hypolite, also called Abdullah?
WITNESS: Yes, Sir.
HP: Can I call you Abdullah?
WITNESS: Yes, Sir.
HP: This is the third occasion you are giving evidence in this case?
WITNESS: Yes, Sir.
HP: The first occasion was before the magistrate in Mayaro and the second occasion was in San Fernando. This is the third occasion, am I not right?
WITNESS: Yes, Sir.
HP: Can you rely on everything you said under oath?
WITNESS: Every thing is true and correct to the best of my ability.
HP: Do you know any calypsonians? Do you know a man by the name of Gypsy?
WITNESS: I do not know him personally, I know of him, he was involved in politics in Mayaro.
HP: On the last occasion you were here, two policemen came with you?
WITNESS: Yes, Sir.
HP: Today, there is just one?
WITNESS: Yes, Sir. It rotates. Sometimes they spend time with me, but not for 24 hours.
HP: Are you ever alone? Do you go places by yourself.
WITNESS: Yes, I go places alone, like the toilet, the market. This has been going on since the proceedings in the Magistrates’ Court in Mayaro were terminated.
HP: You had been charged with the murder of Hansraj Sumairsingh?
WITNESS: Yes, Sir. I was charged late in the year 2000. I was taken to the Magistrates’ Court in Mayaro for the preliminary inquiry.
HP: Up to the time you were taken to the Magistrates’ Court, did you give any statement to the police?
WITNESS: No, Sir. I was cautioned and I was told that I need not say anything. I chose not to say anything.
HP: But you have been in police custody for two years now?
WITNESS: Yes, Sir.
HP: Have the police been refreshing your memory about your statement?
WITNESS: Not at all. They have taken me over my statement, things like how it has changed my life. My life changed before, like when I was arrested in 2000.
HP: When you were charged, did witnesses give evidence against you at the preliminary inquiry?
WITNESS: Yes, Sir. None of the witnesses said they saw me do anything. No one saw me shoot anyone. No one saw me in any motor car. As far as I am concerned, or as far as the court is concerned, there was no evidence against me. I had nothing to fear.
HP: Were you a member of the Jamaat Al Muslimeen?
WITNESS: Yes, Sir. I had been a member for years. I was an active member.
HP: Would you say it is a well-known organisation?
WITNESS: Yes, Sir.
HP: Would you say it is a well-known non-violent organisation? Did you hear me?
WITNESS: I wouldn’t say so, sir. It is a religious organisation.
HP: Is this organisation a fanatic organisation.
WITNESS: I don’t know what you mean, sir.
HP: Has this organisation dabbled in politics?
WITNESS: Yes, Sir.
HP: Have some members of the organisation been credited with doing good social work. Have several members acted as enforcers or debt collectors? Have some of them been involved as extortionists?
WITNESS: I do not know about that. I would not say extortionists. I would agree with muscle men.
HP: Do you work for $2,500 a week?
WITNESS: Yes, Sir.
HP: But you went to kill a man for $2,000?
WITNESS: I was promised more by the accused, sir.
HP: $2,000 is nothing, wouldn’t you agree?
WITNESS: Yes, Sir. I work for pretty more than that.
HP: Do you know that the Jamaat Al Muslimeen is a robust organisation?
WITNESS: I don’t know what you mean by robust?
HP: Several members of your organisation are dead by violent means...shot? It is an occupational hazard to be a member?
WITNESS: Yes, sir.
HP: Did you attend the funeral for Mark Guerra? Was he your friend? What about Chen?
WITNESS: I did not go to Guerra’s funeral. I did not go to the burial for Chen, I attended the church service.
HP: Are there any police in the Jamaat Al Muslimeen?
WITNESS: I am not aware of that, sir.
HP: What about doctors and lawyers?
WITNESS: I think so, sir.
HP: While the preliminary inquiry was going on, the police started visiting you in prison?
WITNESS: That was at my request, sir.
HP: They visited you on several occasions before you gave your first statement?
WITNESS: That is not true, sir.
HP. Do you recall giving evidence in San Fernando? Do you recall me asking you questions? In San Fernando, do you recall saying that the police visited you several times?
WITNESS: That is false, that is not correct, sir, I did not understand you clearly. I remember you asked me if the police came to the prison in the dead of night..
HP: What time was that?
WITNESS: I don’t know, I do not have a watch, sir. I did not ask them to come in the night. I was expecting them. Several police officers came, and a JP.
HP: So this was well arranged. They came to get a statement from you. The statement went on well after midnight. Were you afraid to give the statement in the day. Were you afraid of something? Are you accustomed doing things in the night?
WITNESS: No, sir. The first time the police came, they came with a JP, a Senior Superintendent, and an Inspector.
HP: Was this a set play? Did you listen to the radio? Did you look at television?  Did you take an interest in political events? Did you know that Gypsy went up in Mayaro. Did you know that Chaitan was elected in Pointe-a-Pierre?
WITNESS: Yes, Sir. I also know there was a challenge to them that they were not Trinidadians. I know they were saying that Gypsy was from New York, and Chaitan from Canada.
HP: Do you remember there being an election in December 2000?
WITNESS: Yes, Sir.
HP: Were you granted an immunity for the purpose of testifying against Dhanraj Singh, a former Minister of Government? Were you to testify against a member of the ruling party at the time?
WITNESS: Yes, sir.
HP: Were you aware at that time there were voter-padding allegations. Were you aware that the police were investigating the voter-padding allegations?  Were you also aware they were allegations of corruption all over the place?
WITNESS: Yes, sir.
HP: Would you say the environment in which you gave the first statement, there was one of political bacchanal on the outside?
WITNESS: Yes, Sir. I gave my first statement at the Golden Grove Prison on the 16th of February (2001). I can’t remember how many pages, but it was a long thing. The police came back at the Mayaro Police Station and I gave them another long statement. That was after I attended court in my own preliminary inquiry. I remember giving a statement on the 21st of February and the 22nd of February. I got the immunity on the 22nd of February.
HP: But after you were given the immunity, you were kept in prison?
WITNESS: Yes, Sir.
HP: Even though you left prison, the police were with you night and day? You are not free?
WITNESS: I was working according to the immunity.
HP: Is it true that you got a discontinuance after the second statement? Was the immunity a reward for you jumping out and sticking some one else?
WITNESS: That is not my reward, sir. I did not try to stick somebody else.
HP: Do you have anybody here who can substantiate a word of what you said? Did you go and kill a man with somebody whom you did not know? The other man (Chen) is dead, and dead men tell no tales.
WITNESS: That is not true, sir.
HP: Oh, you know a man who came back from the dead apart from Jesus?
(Witness looks at the immunity document)
HP: Why did you swear to the affidavit to say that it was true? Didn’t you have confidence in your statement?
WITNESS: I have no doubt that my statement is true. I swore because that is the procedure. I was informed that is what I have to do.
HP: Although the case was dismissed against you, you remained another six days in prison?
WITNESS: Yes, Sir. I could not leave Trinidad without telling them.
HP: So, you are still not a free man, Mr Hypolite?
WITNESS: I agree with you. I also have to subject myself to police protection. That is the condition under which I had to come and testify. While I was still in jail, the accused was picked up and charged.
HP: Do you have a brother-in-law who lives in Mayaro? Do you know Mayaro well?
WITNESS: Yes, sir.
HP: Do you know Eccles Road very well?
WITNESS: Not that well.
HP: Does your brother-in-law have a phone?
WITNESS: No.
HP: Do you have a phone? The same phone number?
WITNESS: Yes, my brother-in-law has a phone.
HP: What about your good friend Ottley, does he have a phone?
WITNESS: Yes.
HP: Was he a member of the Jamaat Al Muslimeen? Was Mark Guerra your friend and brother?
WITNESS: Yes, he had a portfolio.
HP: He had a massive house in Laventille?
WITNESS: He had a house, I don’t know how massive. I never went and check it out. I went by him, but I never checked his rooms.
HP: Was Khalif Saif a programme manager? Was he also one of your friends? Was he a member of the charitable organisation, the Jamaat Al Muslimeen?
WITNESS: He was my friend, he was also a member of the Jamaat Al Muslimeen. There were prominent people in the Muslimeen. They did not control the URP. They were not influential in the programme.
HP: Did Chen (Steve Cummings) work there? What about the unknown man?
WITNESS: Chen worked there, I never saw the unknown man there.
HP: Would you agree that you were going on a dangerous mission to Mayaro? Did you care who were going with?
WITNESS: Yes, sir. I went with an absolute stranger.
HP: He could have been a police? Why you don’t want to say who this man was?
WITNESS: If I knew who this man was I would say it. I don’t know the man.
HP: Let’s go to Mayaro...did you lock the man inside the house?
WITNESS: No. I suppose that somebody did that. When I left, both doors were wide open...the house and the car.
HP: Did you see anybody get shot?
WITNESS: No, I did not see if any body got shot. I can’t say if Chen shoot anybody.
HP: Did you tell the magistrate that you did not go to kill anybody?
WITNESS: I said that.
HP: Do you have experience with guns?
WITNESS: A little. I was not in the army, I have no licence to carry guns. I have experience in the Cadets.
HP: Did the police take you to Eccles Road and point out the beach house to you?
WITNESS: That is not true.
HP: But in the Magistrates’ Court did you say you were taken to Eccles Road to show what you did or what anybody else did?
WITNESS: I did not tell the Magistrate this. I was familiar with Eccles Road. That night, I remained by the door at the side of the house. Chen ran into me after firing two shots. He ran into the car. When I approached the car, he was already in the car. When I left, the house was wide open. Anyone was free to go in and out. When I got to the car, Chen and the mystery man were there.
HP: What about this mystery man? Did you give the police a description of this man?
WITNESS: Yes, I did. I never attended any identification parade to pick out this man. He was not a Muslimeen man. I have not seen him since.
HP: You say that you met the accused on the third floor of the building in Tunapuna. How did you get your job? Were you given an assignment sheet?
WITNESS: No, it was given verbally, there was nothing to sign for. The owner of the building knew I was doing work there.
HP: Do you have a reputation of a gunman?
WITNESS: No, Sir.
HP: So you mean, this man (the accused) whom you met for the first time, tell you to go and put down a wuk? This was at the Rum Bond?
WITNESS: There were hundreds of people, Ministers giving speeches, drinks flowing and the police around.
HP: With all these people around, the accused call you and tell you to kill somebody?
WITNESS: Yes, sir. There were people like Mervyn Assam there. There were roti and drinks, I do not drink.
HP: I think your evidence is highly improbable and implausible.
WITNESS: I don’t know those two words, sir.
HP: You say that you got the gun from Chen, and then you gave back the gun to Chen?
WITNESS: Yes, sir.
HP: Did you tell anybody anything different from that?
WITNESS: No, sir.
HP: Did you ever say you went with Chen and other people, and not the mystery man? Do you know a man called Fazal Ali, also called Ted?
WITNESS: Yes, sir. I know him for a long time. I never had any dispute with him. He is a Muslim brother. He lives at Cemetery Street, Munroe Road. I visited his house on several occasions. He is a brother I relate with. I did some welding work for him.
HP: Did you not tell Fazal Ali that you borrowed a gun from Jaleel?
WITNESS: No, sir.
HP: Was Jaleel known as Mark Guerra? Like Chen, he is dead. Do you know a man by the name of Saif? Also a man called Roger Bridgeman?
WITNESS: Yes, sir.
HP: What about Totoman?
WITNESS: I don’t know Totoman.
HP: What about Sean Francis?
WITNESS: Yes, he is not a Muslim brother.
HP: Did you not tell Fazal Ali early in 2000 that you went to Eccles Road with Saif, Roger Bridgeman, and Totoman?
WITNESS: No, sir.
HP: Is Saif still alive?
WITNESS: Yes, sir. After I was arrested, I never saw Saif again. Neither Totoman. Since my arrest, I have not gone to juma at Mucurapo Road. I go to juma at Munroe Road. These persons don’t frequent Central.
HP: Let me take you to what you said in the Magistrates’ Court. Is this true? ‘When I was up at Eccles Road, I had no intention of killing anybody. When I went to that house in Eccles Road I did not intend to kill anybody. I told people I was going to kill but I had no intent to kill. I have not killed no person so in my time.’
WITNESS: I said that.
HP: Did you say this? ‘I knew if convicted for murder I could be hanged. I thought about it seriously. I did want a way out from that horrible fate. I swear to the affidavit to be jointly charged with Dhanraj Singh so that he will be hanged with me. I do not hate Dhanraj Singh or love him. But I want Dhanraj Singh to die with me.  At this time, I am not the judge for Dhanraj Singh to be dead.’
WITNESS: Yes, sir.
HP: You accepted this immunity in order to save your own skin?
WITNESS: I was making myself available to the police for the rest of my life to see that Dhanraj Singh is hung. Yes, I said that. I will hold that my life is sacred.
I will do anything to preserve my life. If I change anything in the statutory declaration, I could lose my life. When I was arrested my family was in the car. I was taken away in a police vehicle. I felt ashamed about that. I admitted under oath that I am a liar, a thief, and a bogus. I want the accused dead.
HP: When the police came to see you in prison, did you strike any deal with them?
WITNESS: No, sir.
HP: You are interested in getting the benefits of the immunity?
WITNESS: That is why I am cooperating with the police.
HP: Since you were granted the immunity, you have been working from home?
WITNESS: Yes, sir.
HP: The police have been bringing groceries for you?
WITNESS: I can’t explain my situation, I will have to deal with my security.
HP: You have a serious motive of coming here to give evidence and that is to save your own skin.
WITNESS: I just want the public to know what happened, sir.
HP: Are you willing to surrender your immunity?
WITNESS: No, sir.
HP: You told us you are a fabricator? You did not communicate with the accused at the Rum Bond? I am putting it to you that you are a fabricator, you never visited the home of Dhanraj Singh.
WITNESS: I did have a conversation with Dhanraj Singh at his home about doing harm to Sumairsingh.
HP: I am putting to you that you never visited the accused’s office in Marabella. I am also putting to you that you did not see the accused at Kent House.
WITNESS: Yes, sir.
Hypolite ended his testimony at 11.35 am.