2 alternates sworn in; 3 more to go

THE opening of the prosecution’s case against Jamaat al Muslimeen leader Yasin Abu Bakr is getting closer as two of the five alternate jurors were sworn in yesterday. It was a long day in which 20 potential jurors were questioned at length. When it seemed that the day would not be fruitful, the last two jurors questioned were found to be acceptable and unchallengeable by lead defence attorney Pamela Elder SC. The two male jurors were sworn in at 3.35 pm, filling the first places on the alternate chairs to add to the nine others who comprise the common panel. It was a day when three jurors were absent, but just one was fined $400 or 30 days in jail. Six potential jurors were exempted for various reasons, while two others whose names were called were allowed to go home because they knew one of the prosecuting attorneys George Busby.

This caused Justice Mark Mohammed, presiding in the Port-of-Spain Third Criminal Court, to remark, “it seems that Mr Busby is a very popular man.” Most of the potential jurors spent an average of ten minutes in the witness box being questioned by Elder and her junior, Owen Hinds Jr. But there was one woman who spent 45 minutes under intense questioning. In the end, she was challenged for cause. Today, Justice Mohammed said the exercise will continue to find the other three alternates. The jury pool is dwindling fast although there are just over 200 more remaining at the Hall of Justice. Before hearing ended yesterday, Elder asked the judge not to sit tomorrow in observance of the Muslim holiday of Eid ul-Adha (marking the culmination of the annual pilgrimage to Mecca).

Elder said Eid ul-Adha was a religious holiday for Muslims and she asked the court not to sit on that day. Added to that, Elder said the free day would give the defence time to deal with an outstanding issue of disclosure of prison records. Mohammed said last week that he would deal with requests on religious grounds from Bakr on a weekly basis. Last week, he refused to allow Bakr to attend juma at Mucurapo Road, leaving the Jamaat leader to lead his followers in prayer at the courthouse. The judge said he did so because of the numerous potential jurors around the courthouse. But he felt that the court was able to achieve a lot in the last two weeks, promising to deal with any requests on religious grounds on a weekly basis.

He said apart from Elder’s request, he received several applications from potential jurors seeking exemption on Friday for the same reason. Accepting that “we live in a multi-faceted society and that Bakr was head of his religious organisation,” Mohammed said he had to balance the situation which clearly leaned towards the court not sitting on Friday. 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. Pamela Elder and Owen Hinds Jr appear for Bakr, while Sir Timothy Cassel QC, DPP Geoffrey Henderson, and State attorneys Wayne Rajbansie and George Busby represent the State.