Defence continues no-case submission

THE GREATER offender escaped prosecution in order to capture the lesser offender and his evidence against the lesser should therefore be regarded as worthless. This was the opinion of defence attorney Pamela Elder SC, during her submission before Chief Magistrate Sherman McNicolls at the Port-of-Spain Eighth Magistrates’ Court yesterday. 

Elder was referring to her client, Jamaat Al Muslimeen leader Yasin Imam Abu Bakr and the man who gave evidence against him, State witness Brent “Big Brent” Miller. Bakr, 62, was charged on August 21, 2003, with conspiring, with others, to murder two expelled members of the Jamaat at Citrine Drive in Diego Martin. One of the men, Salim “Small Salim” Rasheed and another man, Adil Ghani, were shot and wounded at the Movie Towne cineplex on June 4, 2003. Ghani’s common-law-wife, Jillia Bowen, was shot dead.

Miller, who was charged with Bowen’s murder, was granted immunity in exchange for evidence against Bakr. Continuing with her no-case submission that she had started on April 2, Elder said that McNicolls’ function at this stage was the same as a trial judge. “If you do not believe or accept the evidence given, then it is in your jurisdiction to reject it,” she directed at the magistrate. The defence attorney conceded that there was evidence, but questioned the quality of it. “Is it of such a quality as to form a prima facie case?” she asked.

The cumulative factors of Miller’s being charged with murder and a “string” of other related firearm offences, coupled with his evidence which was riddled with inconsistencies, was more than enough to cast doubt on his evidence, Elder said. Citing several case studies in which the evidence of witnesses were deemed questionable, the defence attorney implored the magistrate to analyse the evidence of Miller to determine whether or not the State witness was telling the truth.

Regarding the evidence of independent witnesses, the attorney said it left a lot to be desired. She placed emphasis on the testimonies of Sgt Wayne Dick, of the Port-of-Spain Homicide Bureau of Investi-gations, ASP Ruthven Paul, of the San Fernando Bureau of Investigation and Cpl Jayson Forde, of the Port-of-Spain Homicide Bureau of Investigation and criticised their failure to investigate the alibi given by the accused during an interview. Elder is expected to conclude her submission when hearing resumes on April 20.