Mc Nicolls: Court cannot remove Seetahal from Bakr case

Bakr is charged with unlawfully inciting persons to commit a breach of the peace, uttering a seditious speech, demanding properties with menaces or by force, unlawfully inciting persons, and terrorism. The offences are all alleged to have taken place during Eid celebrations at the Jamaat’s Mosque in Mucurapo on November 4.

Bakr’s attorney, Pamela Elder SC, had earlier in the matter submitted that junior prosecution attorney, Dana Seetahal, withdraw from the case because of things she said in Parliament and what she had written in the press about the Jamaat.

In his ruling yesterday, however, Mc Nicolls said after considering the arguments of both sides, "the court does not have jurisdiction on the issue. There are safeguards under the Legal Profession Act which carry a Code of Ethics, where allegations of bias can be raised. This is really an ethics issue which should be pursued with the disciplinary committee of the Law Association," said Mc Nicolls.

Elder had also asked that one of the charges laid against her client be ruled a nullity since it was not known in law.

The charge states that Bakr "unlawfully incited persons present at the Eid celebrations in the Mucurapo Mosque to demand with menace, or by force property of members of the Muslim community who are not members of the Jamaat al Muslimeen,"

However, in his ruling yesterday, Mc Nicolls stated that he is satisfied that amendments must be made to the charge.

Following the ruling, both the prosecution and the defence teams indicated they were ready to proceed with the matter.

Three police officers were called by prosecution attorney Douglas Mendes SC, who led the officers in evidence.

Hearing resumes on December 5 at 1 pm.

Earlier yesterday, the Chief Magistrate was forced to begin other murder inquiries at 9 am, after he was informed that Bakr had not yet been brought from the Maximum Security Prison in Arouca.

Bakr’s attorneys were sitting at the bar table, when Mc Nicolls was informed of a development which required the building be evacuated. The building was cleared at 10.20 am.

Bakr, who was eventually brought to court, was taken to the Central Police Station on St Vincent Street, Port-of-Spain, where he was kept until his matter was called again at 1 pm.