Justice Mohammed ‘under the weather’

THE flu sweeping the country is affecting the Judiciary. On Tuesday, lead defence attorney Pamela Elder SC in the Jamaat al Muslimeen leader Yasin Abu Bakr conspiracy to murder case continued cross-examining witnesses with a terrible sore throat, to the point that she was subdued in her questioning of Cpl Jason Forde and Sgt Wayne Dick. Yesterday, the Bakr trial judge, Justice Mark Mohammed, was “under the weather” and did not even make an appearance in the Port-of-Spain Third Criminal Court. Justice Devan Rampersad, who sits in the Port-of-Spain Fifth Criminal Court, made a brief appearance at the Bakr trial to inform everyone that Mohammed was ill and could not take part in the proceedings.

The judge’s absence stalled the conclusion of the prosecution’s case in the trial. Lead prosecutor, British Queen’s Counsel Sir Timothy Cassel, was planning to call his final witness yesterday before closing his case. That witness, Estate Constable Denoon of Petrotrin Security Department, was present in the Hall of Justice, but could not make his much-anticipated appearance. He is expected to take the witness stand today — once the judge has fully recovered. Although the judge was away, the nine-member panel and two remaining alternates were in court for the proceedings. Justice Rampersad had no choice but to send them away to their Port-of-Spain hotel where they have been sequestered for weeks.

With Mohammed unable to attend, both the prosecution and defence were informed around 8 am yesterday that no evidence would be taken. It gave Elder, who was severely inconvenienced the day before, time to recover before she goes into her legal submissions, expected to start later today. Her junior, Owen Hinds Jr, was present. Cassel and Director of Public Prosecutions Geoffrey Henderson did not attend, but State attorney Wayne Rajbansie and George Busby were present. Bakr, 63,  is charged jointly with Miller and David “Buffy” Millard with conspiring to murder Salim Rasheed and Zaki Aubaidah.