Brent’s guns did not match MovieTowne bullets

CORPORAL Jayson Forde, the man who charged Yasin Abu Bakr, with conspiracy to murder, said yesterday that the guns handed over by Brent Miller to Sgt Wayne Dick did not match the bullets and shells found at MovieTowne in which a woman was killed and two Muslimeen members shot and wounded. Forde said he sent the items for analysis at the Forensic Science Centre and admitted under cross-examination that the spent shells retrieved from the scene at MovieTowne did not match bullets used in either the AK-47 or the 12-gauge shotgun handed over by a mystery man in St Ann’s, on behalf of Miller, a key State witness. Forde will continue to be cross-examined when hearing resumes before Justice Mark Mohammed in the Port-of-Spain Third Criminal Court on Tuesday.

(Examined by State attorney Wayne Rajbansie)

My name is Jayson Forde. I am a Corporal of police attached to the Homicide Bureau of Investigations, Port-of-Spain. On the 7th of July 2003, I was on duty at the Homicide office. I received certain information and instructions. I spoke to Sgt Phillip, WPC Francis, and PC Lucas. Sgt Phillip gave me statements. On the 21st of August 2003, I was on duty when I received instructions. Accompanied by other police officers, I proceeded to Kent House, off Saddle Road, Maraval. On my arrival there, I saw ASP Ruthven Paul speaking to the accused. I approached the accused and Mr Paul who told me something. I then accompanied the accused and Mr Paul back to the Homicide office, followed by other officers who went to Kent House with me. ASP Paul handed the accused over to me and told me something. I was not alone at the time. PC Veronique was with me.

I identified myself to the accused, showing him by police identification card and asked him what was his name. He said Yasin Abu Bakr. Cpl Veronique also identified himself to the accused by showing him his police identification card. In the presence of Cpl Veronique, I told the accused that I had information that on the 4th of June 2003 at Citrine Drive, Diamond Vale, Diego Martin, he and other persons had conspired to kill Salim Rasheed and Zaki Aubaidah and that he was a suspect. I then proceeded to caution the accused in accordance with the judges’ rules and I told him of his legal rights and privileges. Among other things, the accused said ‘I don’t need no legal representation. I don’t know what you are talking about. I know Salim. I don’t know his full name. That is one of my children. I took him off the streets years ago. He migrate to America and come back. He became a sort of embarrassment to the organisation and I had to dismiss him.”

Cpl Veronique took notes of what the accused had to say. After speaking to the accused, I went to the office of ASP Nedd where I told him something relative to that interview. I subsequently sought and obtained advice. I formally charged this accused and I served him an original notice to prisoner, upon which the particulars of the charge were written. Again, I cautioned the accused and informed him of his legal rights and privileges. He said ‘Let me call my wife.’ The accused was allowed to use the phone at Homicide where he spoke to someone for while. He said the person was his wife. On the 25th of August 2003, I was accompanied by WPC Francis, and a Police photographer Constable Grant to a house at No 26 Citrine Drive, Diamond Vale, Diego Martin. Constable Francis pointed to a green and white flat house, a fenced property and told me something. I gave instructions for Constable Grant to take photographs.

On the 16th of September 2003, I spoke to Brent Miller. I was accompanied by Constable Lucas and another police officer in an unmarked police vehicle along with Mr Brent Miller. I proceeded to a car park at Ariapita Road, St Ann’s as directed by Mr Miller. Mr Miller told me something. I then proceeded to the said address at No 26 Citrine Drive as directed by the said Mr Miller. I made a record of what Brent Miller said to me. On the 17th of September, I saw Mr Miller and recorded a written statement from Mr Miller which he signed. On the 28th of September, I saw Mr Miller. I accompanied him to the office of the Director of Public Prosecutions where I served an immunity from prosecution document on Mr Miller. On the 6th of October, I spoke to Constable Mx Kenzie and gave him instructions. I received a statement from Mr Steve Khan, who works at Power 102 FM and I received two CDs.

I received certain documents. I went to the Port-of-Spain General Hospital where I received two medical report forms, one in the name of Adil Ghani and the other in the name of Salim Rasheed. (The two reports were tendered into evidence and read to the jury). The first report of Adil Ghani. Patient was examined by the doctor on the 5th of June in the Accident and Emergency Department and was found to be suffering from multiple gunshot wounds to the right knee, and left and right buttocks. The second report of Salim Rasheed. Patient was examined by the doctor on the 4th of June at the Accident and Emergency Department and was found to be suffering from gunshot wounds to the right thigh, left thigh, and right knee.

Forde continues: I went to the Forensic Science Centre where I collected a post-mortem report. As State attorney was about to tender the document, Mrs Elder objects saying the accused was not responsible for the death of Jillia Bowen and the report does not form part of the case. Document withdrawn.

I continued inquiries in this matter. I returned to the Forensic Science Centre and I spoke to Mr Derrick Sankar. I received from him, certain certificates of analysis. (Reports admitted into evidence and read to the jury).

RAJBANSIE: Do you know where Chatham is?
FORDE: In South Trinidad.
RAJBANSIE: Do you know where Biche is?
FORDE: Biche is in the east.
RANJBANSIE: Is Chatham close to Cedros?
FORDE: Yes.
RAJBANSIE: Is Biche close to Rio Claro.
FORDE: Yes.
RAJBANSIE: Is it possible to be in Biche and Chatham at the same time?
FORDE: Humanly impossible.
(Cross-examined by Pamela Elder SC)

ELDER: You charged the accused on the 21st of August 2003?
FORDE: Yes.
ELDER: Is it the police procedure to investigate before charging?
FORDE: Yes.
ELDER: Do you agree that most of your investigations were done after the accused was charged?
FORDE: Plenty, not most.
ELDER: Since July 2003, guns were submitted to the Forensic Science Centre by Sgt Dick?
FORDE: Yes.
ELDER: Exhibits were also submitted since June 2003 relating to the MovieTowne shooting?
FORDE: Yes. I asked the Forensic Science Centre to determine whether any of the spent shells found at MovieTowne matched the guns submitted by Sgt Dick.
ELDER: Do you agree that the comparison would be important?
FORDE: Yes. I knew of these guns since July. I knew of the items in the MovieTowne shooting since June.
ELDER: It was only when this case started, you asked for the comparison?
FORDE: Yes.
ELDER: You knew the accused went through the preliminary inquiry for six months.
FORDE: Yes. I never asked for the comparison to be done during the preliminary inquiry. Nothing really prevented me from comparing these guns.
ELDER: Did you know the defence was asking for this information?
FORDE: No. I asked for the comparison to be done after this case started in January 2005.
ELDER: Would you agree that nothing found at MovieTowne matched the guns submitted by Sgt Dick?
FORDE: Yes.
ELDER: Why did you wait?
FORDE: It was important that Brent Miller guns did not match the items found at MovieTowne.
ELDER: Why did you wait so long to complete the inquiry?
FORDE: During the course of my investigation, I realised that was a component I had not completed.
ELDER: You did not request this comparison before this case started in January 2005?
FORDE: No.
ELDER: Did you deliberately not want something helpful to the defence known?
FORDE: Not at all. No one demanded that a comparison be done. That was an oversight on my part.
ELDER: How long have you been an investigator?
FORDE: I can’t say off-hand how long I have been an investigator.
ELDER: But it was after you charged the accused you went to photograph a house at Diamond Vale?
FORDE: Yes. But I knew about it since July 2003.
ELDER: Why did you wait?
FORDE: That was part of the procedure of investigation.  It was then it became available to photograph that house.
ELDER: But you did not have to go outside of the Police Service to get a photographer?
FORDE: No, but sometimes it is difficult to get a photographer to go and snap.
ELDER: Tell me something, after you charged the accused, you took a statement from Brent Miller? No officer was present, no Justice of the Peace was present, you didn’t caution Brent Miller?
FORDE: There was no need to caution him.
ELDER: Did you know that Salim Rasheed and Adil Ghani were shot on the 4th of June.
FORDE: I found out that later. I went to the Port-of-Spain General Hospital on the 3rd and 6th of October to get the medical certificates for Adil Ghani and Salim Rasheed.
ELDER: Do you feel proud of how you investigated this case?
FORDE: I feel very proud.
ELDER: Were you always the investigator in this matter?
FORDE: Yes.
ELDER: Before the accused was charged, did you take statements from Brent Miller?
FORDE: No, I never spoke to him.
ELDER: What about Brent Danglade?
FORDE: Neither. I had no reason to. I never took a statement from Brent Danglade.
ELDER: As the complainant, are you responsible for bringing witnesses to court?
FORDE: Yes. I know all the witnesses I took no statement from any witness in this case before the accused was charged.
ELDER: Are you still proud of your investigation?
FORDE: I was very proud of this investigation.
ELDER: You know Brent Miller said he received a telephone call to go to Diamond Vale. Did you ask him for the telephone number on which he received the call?
FORDE: Yes, it was important.
ELDER: Did you know at the preliminary inquiry, Brent Miller was asked for the number?
FORDE: No. It was part of my inquiry to go to TSTT to get telephone records.
ELDER: Who sent you there? Was it Mrs Carla Brown-Antoine?
FORDE: No. It was part of my inquiry.
ELDER: Did you ask Brent Miller for the number he received the call on?
FORDE: Yes. That was important. Brent Miller told me the number. I made a record of the number. That would have been in a personal diary of mine. I don’t have it here now. It should be in my office. The diary should be 2003. It should be black. I can’t give you the dimensions.
ELDER: Why I am asking you, is that I don’t want you to go outside and get a diary.
FORDE: I won’t do that.
ELDER: What about your pocket diary?
FORDE: I did not have a pocket diary at that time. When Brent Miller gave me this information, it was at the Homicide office. My personal diary was the nearest diary at the time.
ELDER: Why would you want Brent Miller’s telephone number in your personal diary?
FORDE: To make checks to see if the number he gave me had received the call he gave me.
ELDER: But you went to TSTT to get the records after the preliminary inquiry had started in the Magistrates Court?
FORDE: Yes.
ELDER: Did Mrs Carla Brown-Antoine tell you to go and get the records.
FORDE: No.
ELDER: Did you mention in your statement the telephone number which Brent Miller gave you?
FORDE: No. I considered it important.
ELDER: Why did you leave it out?
FORDE: In a statement, there are things you leave out and things you put in. I might have told Mrs Carla Brown-Antoine that I received the number from Brent Miller.
ELDER: Did you check the TSTT records before you charged the accused?
FORDE: No. I got the information after the accused was charged. It was after I charged the accused I got the number from Brent Miller. I checked out the TSTT records for my completeness in the inquiry. I got the records and gave them to Mrs Brown-Antoine. I knew a copy was given to the defence.
(Witness was shown a copy of the record).
ELDER: Is this the record?
FORDE: My markings are not on them. It is difficult to say if this is the record. I can’t honestly say if this is the record.
ELDER: When you went to TSTT, did you ask any official to explain what was on the record? Why are you thinking so long, you know you didn’t ask anybody.
FORDE: I must think before I answer.
ELDER: Did you put in your pocket diary when you went to TSTT to get the records?
FORDE: I doubt it.
ELDER: In February 2005, you are in TSTT asking them to explain the records which you should have done in 2003. You got a statement from someone in TSTT on the 11th of February 2005.
FORDE: The statement I got I gave it to Mr Cassel.
ELDER: Yesterday, you were in TSTT getting a statement from TSTT officials.
CASSEL: It was I who asked for the records to be checked because it was important to investigate a suggestion made by Mrs Elder that Brent Miller was in Chatham, Biche, and not in St Ann’s on the 4th of June.
ELDER: No lawyer, wherever he comes from, can tell you how to investigate?
FORDE: When I got the telephone records in 2003, there were some things I could not understand.
ELDER: Did you investigate to see who the numbers which called Brent Miller on the 4th of June 2003 belonged to?
FORDE: I might have.
ELDER: Did you?
FORDE: I might have done. What I got, I gave it to Mrs Brown-Antoine, I gave her the records. I knew before I went for the records, the importance of the records. I realise it was important.
ELDER: Can you say if there was no record of Brent Miller receiving a call at a certain time?
FORDE: I can’t say.
ELDER: What did you want the records for?
FORDE: To see what numbers called a particular number. I saw several numbers. I did not check to see who were the owners of the numbers.
ELDER: Are you proud of your investigations?
FORDE: I am very proud of my investigations, ma’am.
ELDER: You had information of Brent Miller’s involvement in a conspiracy since July 2003?
FORDE: Yes.
ELDER: Why didn’t you charge him?
FORDE: I would need evidence and instructions.
ELDER: Why didn’t you charge him before he got the immunity? There was a confession.  A man’s confession is evidence against him.
FORDE: I agree with you.
ELDER: Did you have evidence against Brent Miller for conspiracy?
FORDE: Yes. I submitted evidence I had and I awaited instructions. I submitted it for directions.
ELDER: Did you give an opinion?
FORDE: No. I submitted it to my seniors. I can’t remember when. I submitted a report, I don’t have a copy. I doubt it is in my pocket diary. I don’t recall exactly who I submitted it to. It could have been Sgt Dick, ASP Nedd, Mr Victor, Mr Paul, several senior officers.
ELDER: Did you receive instructions?
FORDE: I received instructions since then. It was to charge the accused on the 21st of August. I did not get instructions to charge Brent Miller. I can only charge when I receive instructions.
ELDER: The person who told you he knows nothing of the conspiracy....you charge him.
FORDE: Based on instructions....
ELDER: The man who confessed, you didn’t charge him?
FORDE: No.
ELDER: The accused was taken to Homicide on the 21st of August? When was he interviewed? When was he charged, when was the information prepared?
FORDE: The same day.
ELDER: His interview lasted just two hours?
FORDE: Yes.
ELDER: Did you prepare a report?
FORDE: A verbal report.
ELDER: Did you prepare a verbal report on Brent Miller?
FORDE: No.
ELDER: You gave Brent Miller more preferential treatment?
FORDE: No.
ELDER: During the interview, the accused told you of his job at Petrotrin? He told you the vehicle number he uses to go to Petrotrin?
FORDE: Yes.
ELDER: Did you check that out before he was charged?
FORDE: There was no need to check that out. He never told me he was at Petrotrin.
ELDER: What did the accused tell you?
FORDE: He said many things. I asked him where he was on that day. He told me he might have been at his workplace — Petrotrin.
ELDER: He gave you a definite place of work.
FORDE: He gave me two places of work.
ELDER: Did you look at Veronique’s notes?
FORDE: Yes. I did not take notes
ELDER: You didn’t take notes, you planned to drop a charge on him after?
FORDE: No, ma’am.
ELDER: Who told you to interview the accused?
FORDE: No one, I was conducting an inquiry. He was under arrest. I interviewed him regarding the allegation. I asked the accused where he was on the 4th of June 2003.
ELDER: He told you he was not able to specifically say where he was the day before, and what he did the evening. The man was telling you his schedule.
FORDE: To a certain extent.
ELDER: He even told you he has four wives.
FORDE: There was no need to check out any details. I interviewed the accused on that day.
ELDER: Do you know the accused is an Imam of the Jamaat at Mucurapo?
FORDE: Yes.
ELDER: Do you know he has many duties? You know a man with four wives will be very busy?
FORDE: I don’t know that.