Judge to view videotapes as Bakr tries for bail again

Yesterday, his attorneys led by Pamela Elder SC went before Justice Herbert Volney to apply for bail a second time. In an earlier application, the judge had refused Bakr bail. However, after hearing submissions from Elder yesterday, Volney agreed to view the videotape containing Bakr’s statements before deciding if he would entertain another application for bail.

Elder told the judge that there was an "alarming surgical incision" in the particulars of offence alleged against Bakr. In other words, she was suggesting that the statements attributed to Bakr in the charges did not fully contain continuity of what he said (so that it could be sufficiently understood in context). Elder also suggested to Volney that he view the videotapes so that he would be able to appreciate what she is saying, especially since the State’s case is dependent on the tapes.

The judge was not inclined to hear Elder on a new application for bail, since he had already dealt with such an application. However, he said he will have to view the tapes and promised to do so before allowing full submissions on the issue. He then adjourned the matter to Tuesday at 1.30 pm.

The hearing, which took place in the Port-of-Spain First Criminal Court, was attended by Elder, Theodore Guerra SC, Richard Mason and Wayne Sturge. Dana Seetahal represented the State, which is objecting to bail.

Bakr, 64, is charged with an act of terrorism, three charges of incitement and one count of sedition. The charges were laid against him after he allegedly made certain threats during an Eid sermon at his Mucurapo Road mosque in St James. Soon after, he was charged and brought before Chief Magistrate Sherman McNicolls, before whom he first applied for bail. He was refused. McNicolls advised him that he could go before a judge and make another request for bail. When he did, Volney turned down the application.