Judge to decide Bakr claim

Bakr and Brent “Big Brent” Miller were charged with the murder of Israel Sammy, 22, who was killed on May 20, 1998. Bakr and Miller were the subjects of an inquest into Sammy’s death at the Port-of-Spain Magistrates’ Court.

Three weeks after Magistrate Singh gave her ruling, Director of Public Prosecutions (DPP) Roger Gaspard SC, discontinued the preliminary enquiry, saying there was insufficient evidence to proceed.

In her testimony yesterday, Singh said it did not matter if the DPP chose not to use Miller’s statement, as her test as Coroner was lower than that of the DPP.

“I have to give consideration to the sufficiency of the evidence to find probable cause,” Singh said, adding that issues related to evidence and any inconsistencies were for a tribunal of fact. “My duty was to interpret Section 28 of the Coroners Act to determine whether I had sufficient evidence,” she testified. She also said prosecutorial discretion was an irrelevant factor for a Coroner.

“I confined myself to Section 28,” she insisted. Bakr’s attorneys are arguing that as Coroner, Singh was actuated by malice and her decision was unreasonable.

Attorneys Jagdeo Singh and Ravi Rajcoomar are representing the Office of the Attorney General and the Magistrate respectively.