Bakr walks out on judge

Bakr was giving evidence before Justice Frank Seepersad in a malicious prosecution claim he brought against sitting magistrate Nalini Singh, who on September 29, 2010, acting in the capacity of a coroner, ruled that there was sufficient evidence for both Bakr and Brent “Big Brent” Miller to be charged with the murder of Israel Sammy, 22, who was killed on May 20, 1998. Bakr and Miller were the subjects of an inquest into Sammy’s death at the Portof- Spain Magistrates’ Court.

Three weeks after Magistrate Singh gave her ruling, Director of Public Prosecutions (DPP) Roger Gaspard, SC, discontinued the preliminary enquiry, saying there was insufficient evidence to proceed.

As he left the witness box yesterday, Bakr accused Justice Seepersad of being arrogant. He said he was not going to be subjected to the judge’s arrogance, further accusing the judge of being discriminatory against him. Bakr said he had evidence to support his claims.

His lawyers at the start of the trial had called on the judge to step down from hearing the case, as he had previously dismissed a constitutional motion brought by Bakr in which he claimed his right to a fair trial was infringed when he was charged with the 1998 murder as a result of the Coroner’s decision.

Seepersad held that Bakr’s constitutional motion was an abuse, and any challenge against the magistrate’s decision as Coroner should have been done by way of a judicial review application.

Bakr’s application for the judge to recuse himself was based on apparent bias, but Seepersad refused to do so, saying such a request should have been long before as the malicious prosecution claim was before him for the past two years, and at any point during the case management stage Bakr could have made his application for recusal.

It was the judge’s refusal to step down that drew Bakr’s ire which he exhibited as he entered the witness box and was being led into evidence by his attorney Farid Scoon.

After his walkout, the trial was recessed for 30 minutes. When the matter resumed Bakr apologised to the court for his earlier outburst.

The trial continues on February 21.