Tuesday February 9th, 2010
- Last update:13 hours 2 min ago
Bakr allegations demand clarification
Published: 14 Sep 2009
High Court judge Rajendra Narine put fire into the investigation, on Friday, of a disturbing matter long lurking on the periphery of the national consciousness; the openly-articulated accusations of Jamaat al Muslimeen leader Abu Bakr that he had struck a deal with the PNM’s leadership in 2002 to trade his organisation’s debt to the state for political leverage.
The judgment by Justice Narine was the final act of a legal wrangle that dates back 19 years to the destruction wrought by the Jamaat insurrectionists, and the subsequent efforts by the State to extract repayment for the costs associated with the damage suffered by its holdings during that time.
The case has taken its time, torturously and circuitously, it must be noted, through the legal system before coming to this point, and Justice Narine took appropriately sober note of the content of Yasin Abu Bakr’s appeal case before the Privy Council and the ramifications of his statement.
In his 27-page judgment, Justice Narine noted that:
“These are the pronouncements of the highest court in this jurisdiction. Yet, as far as the court is aware, no action has been taken by the appropriate authorities to conduct a thorough investigation of these allegations.
“The allegations made by the second defendant (Bakr) are extremely serious. If they are true, they strike at the heart of our democratic system of government.” Abu Bakr’s statement to the Privy Council makes cynical sense, framed in the context of the politics of dirty tricks, but the specific accusations are damning in their scope.
As the case made its way through the legal system, it came before the Court of Appeal, which ruled that the Bakr affidavit was “illegal and unenforceable, both under Section 3 of the Prevention of Corruption Act,” further describing its content as “comprising scandalous material,” ordering that the entire affidavit be struck out.
Crucial to understanding the issue, as it relates to the Jamaat’s case, is the ruling by the Court of Appeal, at this point, that the agreement described in the Bakr affidavit was illegal in common law, rendering it useless as a legal instrument.
Justice Narine’s judgment, then, seeks not to clarify the affidavit as a court document, but as the source of substantive accusations of impropriety in public service of such scale that they demand proper and independent investigation.
More startling is the subsequent revelation by acting Director of Public Prosecutions Carla Brown-Antoine, that she was not only in receipt of the Bakr affidavit since May 6, she had further forwarded it to the acting Commissioner of Police James Philbert shortly thereafter, well aware of the statements and presumably the implications of the Privy Council’s judgment. In response, CoP Philbert claimed ignorance of the critical document, having received nothing “personally.”
In order to bring some clarity to the situation, all the parties involved must understand that what is at stake in the investigation that Justice Narine has directed is nothing less than the political future of the constitutionally-elected leader of the Government of Trinidad and Tobago.
It would be unreasonable to expect that the Prime Minister, should he face court time in defence of these accusations, would hold himself to a different standard than the one he imposed on Franklyn Khan and Eric Williams, when they were called on to respond in court to accusations that cut to the heart of their execution of their responsibilities to the State.
Given the seriousness of the matter, this is clearly a case that demands independent investigation, led by counsel with no affiliations or links to party or special interests in Trinidad and Tobago.
The principals involved in this matter, as outlined in the Bakr affidavit, are both very public figures who have tended to create strongly-polarised opinions.
This is, therefore, a case that should not be tainted by either the ruling party or the opposition, who are quite likely to be tempted to turn it into a political football, and in doing so, colour the public perception of an issue that deserves proper, thorough investigation.
While I admire the
While I admire the Editorial's call for an independent enquiry and investigation into the allegations made in Abu-Bakr's affidavit, I have grave doubts whether this would be done.
If the AG is the corruption fighter that he claims to be, he would initiate action in this direction, but as a Party member and political appointee, this is unlikely to be the case.
You rightly recall that the PM agreed to put Khan and Williams under scrutiny, but it is highly doubtful that he would subject himself to same. When he assessed the suitability of his Party's candidates for the last general election, he found most of his previous Cabinet unsuitable as candidates based on their perceived past performance. Had he used the same standards as the yardstick, he would have disqualified himself. When he judged the behaviour of his former Minister of Housing as unbecoming and dismissed him, based on his own behaviour and conduct in public office, he was in no moral position to take such action.
Obviously, he believes that his actions and behaviour are not subject to scrutiny, so it is unlikely that this matter would proceed further if he has anything to do with it. The last time there was a move against him, he misled the Speaker and called out his supporters in Woodford Square and appealed to his supporters to protect him. And the Ag. COP saw no evil, heard no evil and did not see the need to uphold the law.
Now this same Ag. COP says he did not receive such an important document sent to him by the Ag.DPP, at least not personally. One would have thought the Ag.DPP would have followed up with a phone call to the Ag. COP to ensure that the document was received, or at a later stage a follow-up memo to enquire whether any progress was made or even whether any action was initiated. But after five or six months later we learn that nothing had transpired until the Judge dealing with the related matter, expressed his grave concerns and directed that that the allegations in the affidavit be investigated by the Ag. DPP and the Ag. COP.
As the "Guardian" of our democracy, your newspaper is duty-bound to call for an investigation, but I would not hold my breath.
I fed up with
I fed up with investigations, inquiries and inquisitions, Manning since you say your justice system so good, the DPP should forget about the investigation and just charge you, Y be worried! You can hire khan to take you case, I sure he won’t charge you no money, but Ramesh must prosecutor, and Sharma must be the Judge. lol
Ryan4Party
Doh forget we fedup with
Doh forget we fedup with spending we money on investigations, inquiries and inquisitions.
I'll have to investigate why
I'll have to investigate why you are fed up with investigations, inquiries and inquisitions.
TnT is the only place on this planet where there is an investigation into an ongoing investigation.
http://dsaltsman.blogspot.com/
your right, i enjoyed your
your right, i enjoyed your last photo set on your blog, just got done looking at them, lol your good.
Epsom, something not
Epsom, something not right... I would like to launch an investigation into you investigating ryan being fedup, if anyone has any queries please feel free to investigate...
Kitty, I have just called
Kitty, I have just called for a Commission of Inquiry into this Ryan4 Character.
I will arx Pres Max, over a drink or six, or twenty, to appoint Sherman McNick as the Chairman. I also want the Acting CoP, Calder Hart and Israel on dat commission.
After we find Mr Ryan4 guilty as charged, we will then sweep everything under the carpet, give him a Cepep contract and appoint him on a state board. I have PTSC in mind. I'm open for suggestions.
Job well done Sir
Job well done Sir Epsom!
This RyanFOURparrty fellow has been exhibiting some rather unscrupulous behavior of late that boarders on what our fair Caesar Manning would call Tyranny.
Concerning the 'Sweeping' matter. Do make sure you have his proper fax number. Don't want another Colm fiasco..
...a very timely editorial
...a very timely editorial indeed, but please excuse us for not having the faintest hope that anyone would have to answer for the clandestine give-away of state property....the deck is stacked in favor of he who has the final say on the appointments of the DPP and the COP, the latter's behavior and attitude with respect to this affair readily summons to mind the uselessness of having mammary glands on a bull.....
We applaud the editorial,
We applaud the editorial, and suggest that this is the one occasion where a foreign QC needs to be brought in immediately.
However, don't hold your breath. As troubling as it is, let's remember who the PM has been 'cozying' up to - Venezuela and Cuba -and is clearly trying to emulate some of their policies.
In the end, our fearless leader will do as he wishes, not what a democratic state or the people demand.
The Guardian's Editorial is
The Guardian's Editorial is an excellent recap and analysis of this sordid issue. However, the Guardian needs to follow up with some investigative journalism, just as the Express does with their scoops sometimes. The Guardian owes it to its readership and the general populace as a whole, as the present Opposition seems side-tracked with their internecine battles. Please keep up the good work.
I agree with your
I agree with your editorial.
My understanding of the privy council's judgement is that Bakr's affidavit "propounding the agreement" (between himself and the Prime Minister) "was irrelevant", to his appeal "as the Jamaat could not rely upon the agreement as a defence to the application for sale of the lands". The Privy Council did state that "it is on this ground of irrelevance, rather than that of any inconvenience or embarrassment to the Prime Minister, that the Board consider that the decision of the Court of Appeal should be affirmed. The appeal was dismissed with costs.
The Privy Council did not dismiss the appeal because of their belief that there was neither discussion nor agreement between the two parties on the involvement of the appellant in the general elections etc. They did indicate too (my words here) that any such agreement would have been considered to be corrupt under the law etc.
Justic Narine is absolutely correct, and his decision extremely siginificant. If ever there were any meetings and agreements between these two parties then the country needs to know why and for what purpose. There are are moral consequences here for the country not to mention also that if these meetings occurred as affirmed by the appellant, this would be a serious assault of our democracy.
If the Privy Council could
If the Privy Council could rule that the affidavit could not be admissible as a basis of defence because the purported agreement between the two parties would have been seen as an infringement of the law dealing with corruption, maybe then the PC could be petitioned to review their validation of the amnesty granted to the insurgents. While no gun was held to Ag. President Carter's head, clearly he would have been under substantial duress, knowing that had he not signed, he could and would have been responsible for the fate of the then PM, AG & the host of other hostages in the Red House & TV/radio station. And if the Defence Force had continued attacking with "full force", it would have been a total massacre with endless collateral damage. Maybe the Privy Council was not apprised of all the facts and the existing situation when they upheld the amnesty. Maybe the "frankly speaking" AG Mark2 can revisit the judgement and consider an appeal, unless the statute of limitation precludes pursuing acts of insurrection or treason, which I doubt? Maybe the lawyers can give an opinion. And is it too far-fetched to proffer new charges if new and compelling evidence emerges? Was the double jeopardy law repealed or amended in T&T? Another question for the legal experts.
Now that the pieces are
Now that the pieces are falling I can see why Ms Brown-Antoine's acting position was not confirmed.
Rik Hansel
Abu Bakr has no credibility!
Abu Bakr has no credibility! He is a convicted criminal that should not be walking freely.
Agreed. So Manning should
Agreed. So Manning should allow matters to take their course with the surety that he would be exonerated by an independent investigation of these serious allegations. Then Bakr's questionable credibility would be further destroyed and Manning's restored. Manning might even be able to sue Abu for defamation or libel, although Manning who knows the rough and tumble of politics has not been as thin-skinned as Robbie in these matters.
But Prince why is a PM & a
But Prince why is a PM & a policeman meeting a citizen whom the State will be pursuing in the criminal courts? And a PM meeting a person who allegedly tried to commit treason? The guy must have dates, times, places, photographs of meeting if he was smart. The case against him in jurisdiction for his property should have been suspended until they investigate the rulings of the Privy Council and the affidavit. This judgment to auction his properties can go back to the Privy?? if Bakr has money.
Well,Desmond, as you know,
Well,Desmond, as you know, politics has a morality of its own, to quote a famous politician who was even prepared to sleep with the Devil himself. These days even a purry pussy cat will claw him to death, don't mind a real lion. But you might recall, after Manning tried to gift some valuable real estate to Abu, and Rowley & co. vehemently opposed the move, the wily Emperor decided to dump his ally who by then had become a liability. It's called realpolitik, better known as politricks in sweet T&T. You might even recall that after the UNC won in 1995, Abu was playing tapes which he alleged were secretly recorded when Panday & Ramesh were making deals of their own with him. So, that's T&T politics for you, once you claim you could deliver. That's how conmen prey on the gullible & naive. Seeing how the T&T Justice system crawls, I won't be surprised that the matter become bogged down & goes back to the PC.
ABU BAKR HAS NO CREDABILITY?
ABU BAKR HAS NO CREDABILITY? -
Is that why,
1) The COUP saved PNM from political annihilation, as further corruption enquiries were underway by NAR under Richardson. Who was later assassinated, his death was deemed to be collateral damage.
2) Is that why Humphrey previously of NAR, UNC and now COP assisted him in getting his amnesty.
3) Is that why Dookeran accepted his invitation to be Prime Minister after the coup.
4) Is that why he teamed up with Sadiq now of COP fame to give support to UNC.
5) Is that why he gave support to PNM in the 2001 elections actively campaigning for them.
6) Is that why he again indicated that he will support Dookeran and COP.
To be fair and balanced it would appear that ABU BAKR is not the only criminal or the only one without credibility.
Did Abu ever claim that he
Did Abu ever claim that he had tipped off any Parliamentarians about his planned coup? Maybe he might even claim to have a recording of this and claim that's how some MPs were absent. You can never tell with such preposterous claims. All the more reason to set up a Commission of Enquiry into the the July 1990 events, in spite of opposition in certain quarters.
ABU TIP OFF CLAIMS
ABU TIP OFF CLAIMS -
It is not clear that ABU BAKR tipped off parliamentarians about the COUP, but
1) PNM activist including Marshall and Manning were said to be in marches arranged by SOPOS against the then government. ABU BAKR was a prominent figure in the marches. It is said that he felt he had mass support for his actions.
2) We know that Ramesh was his lawyer and was in Grenada at the time of the COUP.
3) We know that Panday and Manning were not in parliament at the time.
4) We know that there was never an inquiry into the COUP.
Fairplay, You conveniently
Fairplay,
You conveniently omitted the following entry from your list:
(a) Bakr and his squad were brought into the URP programme circa 1996 for favours rendered to the UNC during the 1995 election campaign.
I know you meant to include it but just honestly forgot. We know you to be someone of sound logic and firm morals. After all, you would never produce a list of half-truths and lies designed in such a way as to demonise one political party and uplift the other. I mean, that's just not you.
ALL PARTIES SLEPT WITH ABU
ALL PARTIES SLEPT WITH ABU BAKR -
I am in agreement with your observations this is what I was referencing in point
4) Is that why he teamed up with Sadiq now of COP fame to give support to UNC.
but your version was more appropriate. I would like to add
7) Is this why there was no Inquiry into the COUP, even though NAR, UNC and PNM were in power since.
I try to be fair, but as far as logic and morals the jury is still out on that, there is room for improvement.
The Lawyer, OM LALLA, has,
The Lawyer, OM LALLA, has, on YouTube, a few months ago in a radio interview, commented in detail on the affidavit sworn to (the Privy Council) by the criminal and murderer, Abu Bakr.
If you google Om Lalla, you can still access / click on the link to Mr. Lalla's interview on YouTube.
Bacon172000.
Thank you for dedicating
Thank you for dedicating today's Editorial for the purpose of addressing the issue of the Affidavit of Mr. Bakr and his 'alleged' Dealings and Agreement with Mr. Patrick Manning, Prime Minister of the Republic of Trinidad and Tobago. This entire issue leaves a shadow hanging over this country. Until and unless an investigation is carried out by an independent body, we may never be able to put this issue to rest. You did an excellent job in detailing this issue for us to follow the sequence of events.
Justice Rajendra Narine made a decision to forward this Affidavit to the D.P.P. and C.o.P. for their attention because this document raised some serious issues, and needed to be addressed by the appropriate authorities. Justice Narine did not simply put fire into the investigation, he also added fuel to the fire, because he, like many of us knew that this issue will never go away, until and unless we know the truth.
Many of our bloggers presented intelligent commentaries on this Editorial. Some even took the time to address a number of issues surrounding this fiasco over the years, and raising legitimate concerns. But, not all are confident that our calls for an Independent Investigation will ever see the light of day. But we must hold steadfast to the fact that the calls of the people for an Independent Investigation into this affair will convince this government that it has no other alternatives available to them.
Politics, whether coming from the gov't of the day, or the opposition should have no part in this investigation. When we demand 'independent' we mean independent. We have seen what can happen when persons with political affiliations are part of an Inquiry - (eg. Mr. Israel Khan, Uff Commission - from day one questions were raised about his neutrality, and it may never go away.)
Mr. Manning is the P.M. of this country and may have a lot of room to maneuver and use his VETO powers, but when the final call is made, it is the laws of the land and the people who will have the power.
We have already seen some questionable behaviour coming from the office of the C.o.P. and the Minister of National Security; one says he did not get the Affidavid sent to him by Ms. Carla Brown-Antoin, and the other says he knows 'nothing' about anything.
Did Mr. Manning and his team conduct themselves inappropriately, misbehaved in public office, or Mr. Bakr's Affidavit is simply a document of falsehoods. We need to know the truth. Some may say Mr. Bakr has no credibility, but we must remember it is not his personality or character we are questioning, it is the message contained in this Affidavit of his, casting aspersions in our P.M. direction. We have to look at the MESSAGE, not the messenger.
We do not wish a revolt, uprising, nor a coup or any such undertaking in this country. What we desire is to have this serious issue attended to with the accountability, transparency and ethical practices we know can still survive in our country.
Therefore, our call is to have this gov't get a Commission of Inquiry in place to address this issue as soon as possible. The sooner it start, the sooner we will be able to know the truth.
Gardenia, you know what is
Gardenia, you know what is interesting, is that the acting DPP had also forwarded the same document/affivadits to the COP four months ago which shows that she was of the same mind and conclusions as Justice Narine. I am not hearing Jeremie complaining about that. This Lady is being appointed a high court judge on Thursday and I am very happy for her, but she was not fit to fill the post of DPP. Now we understand why Manning vetoed her appointment... cheers
CONTRADICTIONS/PROPAGANDA
CONTRADICTIONS/PROPAGANDA -
It is interesting to hear the PNM refer to ABU BAKR as an insurrectionist, he may be. But an ex-member of the Jamat who was deemed to be responsible for taking over PIARCO is now a respectable Minister in the Government. We all know that Mark Guerra was an active supporter of the PNM, was he a pastor. He was also a ex-Jamat member. Bilal was a consultant to the PNM government, he was an ex-Jamat member. The Jamat got many lucrative contracts in URP under both UNC and PNM.
All this talk of sleeping
All this talk of sleeping with Abu makes him seem more like the village whore than a dreaded psyho-religious madman. Lennox Phillips (post-kick in the head by a quadriped) must have seen more court action than McNicolls beard. I hope Patos instructs whoever it is he instructs to investigate this matter but this is Trinidad and Tobago. This is a country that has seen so many increases in neccessities yet my schol allowance only saw fit to increase by $218.00/month.
Corruption is
Corruption is institutionalized in "Sweet T&T" . Where is the Integrity Commission ?? Why is Calder Hart perceived to be the 3rd most powerful man in T&T ?? Why did former President Robinson ask Manning to form a government when the UNC and the PNM won 18 seats each ??? Well , the fool ask questions the "wise" cannot answer .
ATW - Barbados .
Wiggins, I'm sure you know
Wiggins, I'm sure you know all the answers to those questions. Are you playing dead to catch corbeau alive? You know what I mean? I take it you have that expression in Barbados? Anyhow, as you still like to mind Trini business (you keep saying so), we'll grant you honorary citizenship. What you say to that?
By the way, Manning buying up St Lucia, Grenada, Dominica, St. Vincent & Grenada. Next on his shopping list is Barbados, so if you hold strain till B'dos is annexed, you can then get a genuine machine-readible TT passport with all rights and privileges attached thereto. What's the name of that soon-to-be ex-PM of yours? Maybe the Emperor of the Caribbean will give him a handsome sinecure, if he plays ball. And you could get one of those ambassadorships complete with diplomatic passport and all. What say you?
The passport is changing
The passport is changing again guys, they are going to use the PNM party card since no one will try to steal that
Ram... very funny!
Ram... very funny!
La Diva
Prince , here in Barbados we
Prince , here in Barbados we say ; "Throwing a sprat (a very small fish) to catch a whale" . Trinidad investors have billions of TT dollars invested in Barbados and I have trini 1st cousins , my aunt and oldest trini cousin are buried in Couva . Prince , trini and bajan business are interlocked , socio-economically .
Barbados is NOT for sale but I will not rule out a political union between T&T and Barbados . Prince ,the political leader of a united Caribbean , resides in Bim - not T&T . Last , but not least , Trini and baje is ONE family .
ATW - Barbados .
Wiggins, you must be living
Wiggins, you must be living in the past. Are you talking about Grantley Adams? That was in 1958, man; we now in 2009. Anyhow, we'll welcome you here when Barbados becomes a county of T&T.
yes, it was 18-18, Pandey
yes, it was 18-18, Pandey was PM and had a larger share of the popular vote, yet Robbie had a personal fight with Pandey, so the whole of Trini must suffer. Remember Eric Williams fired Robbie because he tried to scheme Eric?. Yes, in Trini, we eat, sleep and breed corruption. Sorry to say it as a Trini, but a spade is a spade