‘Salim and Zaki have to dead tonight’

A PACKED courtroom sat silent yesterday as the prosecution’s case was outlined telling how Jamaat Al Muslimeen leader Yasin Abu Bakr conspired to murder two former members of his group. Bakr, according to British Queen’s Counsel Sir Timothy Cassel, gave instructions to David ‘Buffy’ Millard and Brent Miller that Salim Rasheed and Zaki Aubaidah ‘have to dead tonight.’ After the shooting occurred at MovieTowne, Miller became concerned, but Bakr told him not to worry — he, Bakr, was going to see the Commissioner of Police and the Prime Minister.

The opening punches took three weeks to come, but when it came yesterday, not a man moved from his seat until Justice Mark Mohammed took a short recess. There was complete silence in the Port-of-Spain Third Criminal Court as Cassel opened his case, telling the nine-member jury and five alternates of the plan to kill Salim and Zaki, but in attempting to carry it out, a perfectly innocent woman — Jilla Bowen — was killed outside the MovieTowne cineplex. Before yesterday, no evidence had been adduced. The court was taken up with legal submissions and the questioning of potential jurors before a suitable panel was found.

Justice Mohammed started the day, ruling on submissions raised by lead defence attorney Pamela Elder SC. When that was out of the way, the jury was called into court at 10 am. Elder complained to the judge that Bakr’s relatives and supporters could not get a seat in the court because of the number of police officers seated in the public gallery. At one time yesterday, there were at least 17 plainclothes police officers and soldiers in the public gallery. The judge reserved an area for the accused’s family. Then it was Cassel’s turn to open the prosecution’s case to a sequestered jury. He said in June 2003, Bakr decided to have Salim and Zaki killed and agreed with ‘Buffy’ and Brent Miller that the murders should be carried out.

“The defendant was not going to do the job himself,” Cassel told the jury. “That was for others. As a result of this conspiracy, there was a drive-by shooting at MovieTowne in which Salim was shot and wounded. In addition, two of Salim’s friends who were with him that night were shot.” Cassel continued, “a perfectly innocent woman who had nothing to do with the Jamaat or the defendant was tragically killed.” He was referring to Jilla Bowen who was at MovieTowne with her husband Adil Ghani and Salim. Cassel said there were three victims of this conspiracy — one dead woman and two injured men. “It is not suggested that the defendant ever intended or even contemplated that the unfortunate woman would be killed as a result of the conspiracy. If there was any suggestion to the contrary, he would be facing a charge of murder. But he did intend others to die and that is why he faces a charge of conspiracy to murder.”

In his opening, Cassel told the jury of a gathering at Buffy’s home in Diamond Vale, Diego Martin on June 4, 2003, where the order was given to kill Salim and Zaki. Present at the time were Miller, Buffy and another man called Brent Danglade. According to Cassel, Bakr promised to find out where Salim and Zaki were sleeping that night. “I giving both of you (Miller and Buffy) this instruction — Salim and Zaki have to dead tonight.” The English prosecutor added, “it also follows from that he (Bakr) said that his plan was that Salim and Zaki should be murdered in their beds.” Miller had an AK-47 weapon which he delivered to Jamaat members Dwight, Crock, Damien and Skins. The very night — June 4, 2003, the shooting occurred at MovieTowne.

Cassel asked, “why is this defendant the only conspirator in the dock?” The answer according to the prosecutor was — ‘Buffy’ has disappeared, Dwight and Damien are dead, Crock and Skins have disappeared, Brent Miller has immunity, and Brent Danglade appeared to have played no part in the conspiracy. Zaki was the first to give evidence yesterday. When he was completed, there was no sign of the second witness, Salim. Cassel said he was embarrassed that the witness had not yet arrived. It took Salim more than one hour to reach the court house. This prompted Justice Mohammed to call on the prosecution to ensure that transportation was in place to have the witness in court on time. Salim finally appeared and before hearing ended at 3.15 pm, he was being cross-examined by Elder. Hearing resumes this morning. Elder and Owen Hinds Jr appear for Bakr, while Cassel, Director of Public Prosecutions Geoffrey Henderson, Wayne Rajbansie and George Busby represent the State.