Jury sequestered

THE jury in the conspiracy to murder trial of Jamaat Al Muslimeen leader Yasin Abu Bakr has finally been sworn in — and sequestered. Justice Mark Mohammed, presiding in the Port-of-Spain Third Criminal Court, wasted no time yesterday in ordering that the nine-member jury and five alternates be sequestered until the end of the trial, which may last about one month. That means that the jury will be locked away for Carnival. When hearing resumed yesterday, the court was still in search of three alternates as two had been chosen the day before.

During the day, 22 potential jurors were questioned by lead defence attorney Pamela Elder SC and the judge before the final three alternates were found to be acceptable. But before the alternates were sworn in, six absent jurors were each fined $400 with an alternative of 30 days in jail. The main panel comprises five men and four women, while four men and one woman sit on the alternate panel. When all the jurors were sworn in, Mohammed turned to more than 200 potential jurors in the Hall of Justice. He thanked them sincerely for turning up at the court for three weeks until the exercise of finding a suitable jury was found. He also thanked the staff and security at the Hall of Justice for ensuring that everything went smoothly during the jury selection exercise. He then turned to the awaiting jurors and told them they were no longer needed and that they could go home.

What a relief! There was a buzz around the first floor of the building and as one juror remarked, “I will be home for Carnival!” The potential jurors wasted no time in rushing out of the Hall of Justice and as another juror put it, “let me leave here before the judge changes his mind.” The foreman was then elected and the accused was formally put in the charge of the jury. 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. In the absence of the sworn jurors, Mohammed heard legal submissions from Elder and lead prosecutor Sir Timothy Cassel QC. When he returned to the court at 4.25 pm, Mohammed said according to Section 26 of the Jury Act, he was going to exercise his discretion and sequester the jury at a hotel until the end of the trial. This announcement did not surprise the jurors who were expecting it as the judge had stated last week that there was a possibility that this would have been done.

There were at least 15 High Court marshals in court who immediately took charge of the jury. The jury will remain in a hotel, not being allowed to go home, read newspapers, or see local television. According to the judge, their minds will remain free to concentrate on the evidence adduced in court — and nothing more. Hearing ended at 4.35 pm. There will be no sitting today as the judge agreed to the request of the accused as the Muslim festival of Eid-ul-Adha will be celebrated today. The case was put to Monday but before the actual evidence unfolds, there will be further legal submissions in the absence of the jury. 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.