Lawyer hints at bias

A BIASED police investigation was what defence attorney Pamela Elder SC hinted at when she cross-examined a police corporal at the Port-of-Spain Eighth Magistrates’ Court yesterday. The officer, Cpl Jayson Forde, attached to the Port-of-Spain Homicide Bureau of Investigation, had laid the conspiracy to murder charge against the Jamaat Al Muslimeen leader Imam Yasin Abu Bakr.

Bakr, 62, was charged on August 21, 2003, with conspiring  with others, to murder two expelled members of the Jamaat at Citrine Drive, 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. The inquiry is being heard by Chief Magistrate Sherman McNicolls at the Port-of-Spain Eighth Magistrates’ Court.

For over two hours, Elder interrogated the witness, sometimes reading excerpts of notes that had been taken during an interview with the accused after he had been arrested. The interview had been conducted by Forde. “Did you look into anything the accused told you that would have been favourable to him?” Elder asked. “Or is it, officer, that despite what the accused had said, he would have been charged?” she continued. For the most part of Elder’s line of questioning, Deputy DPP Carla Brown-Antoine sat quietly taking notes. However, she vehemently objected at one point, when she felt that Elder was attempting to get evidence from the witness that could be classified as “documentary heresy.” Elder was questioning Forde about the contents of copies of records the officer had obtained from the company with which the accused had worked at the time of his arrest. “We are not viky vike and cavalier in here. This is a court of law,” Brown-Antoine almost shouted, causing an amused Elder to remark, “Would my friend calm down.” “That is my personality, and your Worship would know that after 15 years,” the Deputy DPP replied and smiled at McNicolls. 

At the end of the heated exchange, both attorneys agreed to have the controversial part of the evidence expunged from the evidence at the discretion of the court. After a few moments of deliberation, however, McNicolls decided to allow the evidence to remain on the records, but advised Elder that she would not be allowed to continue cross-examination on the issue. The defence attorney obliged and instead requested disclosure of the records by the prosecution.  She also requested disclosure of the original statement given by Brent “Big Brent” Miller and entries from the homicide station diary of things that the accused had said on the day he had been arrested. Forde will return to the witness stand to be further cross-examined on March 5.