Elder wants Seetahal to step down

Elder produced a number of newspaper articles to Chief Magistrate Sherman Mc Nicolls showing that as an Independent Senator, Seetahal had written her column claiming that the Jamaat was a breeding ground for criminals.

"That is a clear conflict from her role of Independent Senator and that of a prosecutor," Elder added.

But Seetahal struck back, saying she was not going to withdraw from the case. Seetahal said she was not a decision maker in the case against Bakr, and she did not lay the charges. She said that was the prerogative of the Director of Public Prosecutions (DPP).

In her submissions to the court, Elder pointed out that Bakr went through a lengthy conspiracy to murder trial earlier this year and her client did not have an objection about the prosecutors in the case — Sir Timothy Cassel, Carla Brown-Antoine, or George Busby.

"But on this occasion, we are asking that Miss Seetahal withdraw from this matter. If they want, they could bring back Mr Cassel."

Seetahal said if there was an allegation against her in the conduct of the case, it should be brought to the court. "If there is none, I have no intentions of withdrawing. I have been retained in this matter," she added.

Bakr, 64, appeared before Mc Nicolls in the Port-of-Spain Eighth Magistrates’ Court to answer three charges of incitement and one of sedition which allegedly occurred on November 3 during Bakr’s Eid sermon to his congregation at the Jamaat Al Muslimeen Mosque on Mucurapo Road, St James.

He also appeared on charges of possession of a high-powered sniper rifle, 565 rounds of ammunition and one hand grenade on November 9 at Mucurapo Road. Bakr was charged with two members of the Jamaat — Tahir Ali, 19, and Olugemi Abdul Basit, 18, of Old Train Line, Cunupia. Ali and Basit were not brought to court yesterday.

In another submission, Elder challenged the laying of one of the charges —that Bakr "unlawfully incited persons present at the Eid celebrations in the Mucurapo mosque to commit a breach of the peace by enforcing the collection of zakat against members of the Muslim community who are not members of the Jamaat Al Muslimeen, contrary to common law."

Elder contended that this charge was unknown in law. "I never thought that I would be addressing the court for an offence unknown to the law. There is no offence known as the breach of the peace at common law or by virtue of statute. How can an officer arrest for a breach of the peace when it is not an offence?" she asked.

Elder continued, "That is why persons in authority must research properly before they charge someone. My client has been charged with something not known to law. It is a nullity and it was wrong for the prosecutors to indicate to your worship that this was an offence for which my client was charged."

Seetahal said the incitement charge may not be an offence in England, but it is certainly one in Trinidad and Tobago. Seetahal said that according to Section 64 of the Interpretation Act, as well as the Criminal Offences Act, there is a charge for the breach of the peace which carries a fine and two years imprisonment.

Mc Nicolls said he would give his ruling on Monday. Meanwhile, Bakr headed back to jail after two bail applications were refused.