Judge rules tomorrow on legal submission

IT WAS another long day yesterday for the lawyers in the conspiracy to murder trial of Jamaat Al Muslimeen leader Yasin Abu Bakr. In the absence of the jury and alternates, legal submissions occupied the attention of Justice Mark Mohammed in the Port-of-Spain Third Criminal Court. At the end of the day, Mohammed ruled on one issue raised by the defence, but the major submission will be dealt with tomorrow when he gives his all-important decision. When hearing resumed yesterday, lead defence attorney Pamela Elder SC continued from where she left off on Monday afternoon. She was dealing with one of the prosecution witnesses in the trial. When she was completed at 9.20 am, lead prosecutor Sir Timothy Cassel QC responded.

Although Cassel said on Monday that he would only need an hour, his response lasted much longer. Cassel’s reply was over at 11.45 am. Then it was the turn of junior defence attorney Owen Hinds Jr. He was dealing with another prosecution witness in the trial. Hinds took 45 minutes to present his arguments to the judge. Then Cassel replied in just 15 minutes before the judge indicated that he wanted to give his ruling on the second submission yesterday afternoon. Justice Mohammed left the court at 1.50 pm promising to return at 3.30 pm to give his ruling. He returned at 3.35 pm and took just ten minutes to decide. Mohammed said he needed a full day (today) to deal with the lengthy submissions of both the defence and the prosecution on the first issue.

He promised to give his decision at 9 am tomorrow. The jury and alternates who were sequestered at a hotel last Thursday, will return to court this morning. But they will be sent away by the judge right away and will be asked to return tomorrow. If the judge rules in favour of the prosecution, Cassel will then open the case to the jury before he calls his first witness. 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.