Sworn juror sent home

A MALE juror who was sworn in on Monday as a member of the nine-member panel, was discharged yesterday and sent home. The juror looked surprise when Justice Mark Mohammed informed him that he was no longer needed to sit on the conspiracy to murder trial of Jamaat Al Muslimeen leader Yasin Abu Bakr. This juror was the last to be sworn in on Monday afternoon in the Port-of-Spain Third Criminal Court. Yesterday, however, in the middle of the selection of five alternate jurors, lead defence attorney Pamela Elder SC informed the court that she had a legal submission to make in the absence of the sworn jurors and more than 250 potential jurors. One alternate juror had already been chosen.

Elder made her legal submission following which lead prosecutor, Sir Timothy Cassel QC replied. The judge said the submission was a novel one and he needed time to study the submission. He left the courtroom. It took 80 minutes before Justice Mohammed returned to the court. He then summoned the sworn jurors and addressed the potential jurors by the live video/audio link-up. Justice Mohammed said that nine common jurors and one alternate had been chosen. He said an issue of law was raised in respect of Number 9 juror. He told Number 9 juror that because of the legal issue raised, he was going to discharge him from further service in the trial. The juror, with a perplexed look on his face, got up and left the courtroom.

This juror was the only juror who did not swear on the holy book (Bible, Gita, Koran). In the presence of the other jurors and the entire court, this juror affirmed when he took the oath. With Number 9 juror discharged, the only alternate chosen was “elevated” to the common panel. Justice Mohammed then announced that the search would continue for five alternates. But that remained elusive when hearing was adjourned at 3.35 pm. No more alternates were chosen and Justice Mohammed announced that further attempts will be made today when hearing enters its tenth day. Three potential jurors felt the wrath of the judge yesterday. For failing to turn up at the Hall of Justice, Jeffrey Gillette, Amos Charles, and Gloria Boisson were each fined $400 with an alternative of 30 days in jail.

Justice Mohammed sent a stern warning to the potential jurors. He said while he had been fair with them, and while he has remitted fines for late coming, he does not intend to do so again unless these potential jurors come with good reason. 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.