Five jurors sworn in

FIVE JURORS were sworn in yesterday to hear the evidence against Jamaat al Muslimeen leader Yasin Abu Bakr on a charge of conspiracy to murder. Today, the court will seek to swear in the other four jurors to complete the nine-member panel. Also, the court will seek to have alternates sworn in as well. Justice Mark Moham-med, presiding in the Port-of-Spain Third Cri-minal Court, informed the pool of potential jurors that the selection of the jury could either be done fast or it could take days. Nine years ago, the court took a full three weeks to select a 12-member jury and four alternates to hear the murder case against Dole Chadee and eight members of his gang.

But in the available time yesterday, 13 potential jurors were questioned by lead defence attorney Pamela Elder SC. Five jurors, among them two women, were chosen and sworn in, two were exempted, and six challenged ‘for cause’.” The day was expected to start with the selection of the jury, but Mohammed entertained more exemptions from the panel. Before yesterday, 650 potential jurors were exempted for various reasons. As the day started yesterday, another batch went home. Just over 400 remained at the Hall of Justice. But one juror, Anthony Heerasingh, was not so lucky. According to Mohammed, Heerasingh’s name was called but he was absent. The judge said Heerasingh was served with a summons and he failed to appear in court. He was promptly fined $400 or ordered to serve 30 days’ simple imprisonment. The names of nine persons were called and Elder informed the court that the defence intended to exercise its statutory right to challenge each potential juror “for cause.” She said she intends to question each juror individually.

Before the questioning of the potential jurors, Mohammed addressed them. He said the court wanted a jury of people who were unbiased and unprejudiced and with people who can impartially decide the case based on the evidence presented in court and to follow any instructions on the law. Mohammed said both the accused and the State expect to have a fair, open-minded and impartial jury sit in judgment of this case. The judge informed the potential jurors that they would be asked questions relating to their attitude. “As you answer individually, it is expected that you be frank and honest. Please be totally honest, do not hide anything, do not hesitate in any way.” Mohammed advised the potential jurors to listen to each question and answer it honestly and sincerely. He told the court that the live video/audio link-up will be turned off during the questioning.

“This (questioning) may be a short one or a long one. It can last days, no one knows. This is the important part of the process. This will try your patience, things may not go as you want. Be patient, calm, settle yourself and prepare yourself for a long haul,” Justice Mohammed added. In order to make the potential jurors comfortable, Elder asked that the court be cleared of the public. Mohammed agreed and everyone including the media was put out of court. But some members of staff of the Judiciary, police officers, and Bakr remained in court with the lawyers in the case. The questioning of jurors started at 11 am and ended at 3.30 pm. Five were sworn in and Justice Mohammed said the exercise will continue from 9 am today with the hope that the entire panel will be chosen. Hearing was adjourned at 3.45 pm. Bakr, 63, is charged with conspiring with Brent “Big Brent” Miller, David “Buffy” Millard, Dwight, Crock, Skins, and Damien, on June 4, 2003 at Citrine Drive, Diamond Vale, Diego Martin, to murder Salim Rasheed and Zaki Aubaidah. Owen Hinds Jr assists Elder, while Sir Timothy Cassel QC, DPP Geoffrey Henderson, and State attorneys Wayne Rajbansie and George Busby represent the State.