Court orders sale of Bakr properties…

Judge: Probe ‘deal’ with PM

Published: 12 Sep 2009

A High Court judge yesterday directed that an affidavit filed by Jamaat al Muslimeen leader, Yasin Abu Bakr, detailing an alleged agreement with Prime Minister Patrick Manning, be sent to the acting Commissioner of Police and the acting Director of Public Prosecutions (DPP) for their consideration.

Justice Rajendra Narine, presiding in the Port-of-Spain Second Criminal Court, said the matter caused him some measure of concern. He made reference to parts of the affidavit, although he emphasised that he held no view, nor made any finding with respect to the truth of the allegations contained in the document. Narine delivered a 27-page judgment in which he ordered that 11 properties belonging to Bakr and senior Jamaat member, Kala Akii Bua, be put up for public auction to satisfy a $32 million debt owing to the State for the destruction of Police Headquarters during the 1990 attempted coup. Bakr was not in court yesterday as he is in London with his daughter who will start university soon. The Attorney General was represented by Dana Seetahal, SC, Rikki Harnanan and Sean Julien, while Mark Seepersad, Gerald Ramdeen and Lemuel Murphy, appeared for the 114 Muslimeen insurgents.

After making the orders for the sale of the properties, Narine devoted the last seven pages of the judgment to deal with the controversial affidavit. During the hearing of the summons for sale application, Narine admitted the affidavit into evidence. On an application of the AG, the Court of Appeal struck out the document and Bakr went to the Privy Council. The British Law Lords, on May 5, ruled that the affidavit should be struck out for irrelevance but in the course of his judgment Lord Carswell, who delivered the opinion of the Privy Council, referred extensively to its contents. Lord Carswell stated that the essence of the agreement between the Prime Minister and Abu Bakr “was that certain advantages would be given to the Jamaat out of State property, in return for securing voting support for the Prime Minister’s political party. In the opinion of the Board this was corrupt within the meaning and intendment of Section 3 and each party to the agreement was acting incontravention of the section.”

In reference to the Privy Council’s judgment, In reference to the Privy Council’s judgment, Justice Narine said: “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.” Justice Narine also said: “If the allegations are true, the Prime Minister made promises of state resources to the leader of an organisation which had made an unsuccessful attempt to overthrow the duly elected government of the country, in return for the Jamaat’s leverage in the marginal constituencies (during the 2002 general election).”

Narine, who will sit in the Court of Appeal next week, added: “The court is confident that the relevant authorities will carry out their constitutional duties without fear or favour. In recent times, there have been investigations and prosecutions of persons in high office. The guiding principle has been that no one is above the law, regardless of his position.” As far as Narine was concerned, this matter should be afforded the urgency and transparency which it deserves. According to Narine, Bakr’s affidavit stated that the Jamaat leader spoke and met with Manning, Larry Achong, Joan Yuille-Williams and Martin Joseph, before the 2002 general election.

According to Bakr, it was agreed that:
• The remaining lands at Mucurapo would be transferred to the Jamaat.
• The Mucurapo Islamic College would be included in the concordat and would receive funding from the Ministry of Education.
• The State would not enforce the payment of damages against the Jamaat.
In consideration of these promises, Bakr said the Jamaat agreed to, among other things:
• Work within the crime-ridden areas to bring about a reduction in crime.
• Work within the marginal constituencies to mobilise young people to vote.
• The Jamaat would publicly come out in support of the ruling party and would endorse the PNM for re-election.
Bakr said that after the election, Manning failed to honour any of the obligations under the agreement, especially the agreement not to enforce the judgment against the Jamaat.

The issue

The background to the case was the armed occupation by members of the Jamaat in 1990 of the Red House and TTT. The complex subsequent history led to two successful appeals to the Privy Council in relation to criminal prosecutions. The Jamaat sued the Police Commissioner in two actions and obtained an award for damages in each, the amounts being some $2 million and $700,000 or thereabouts respectively. Then in 1994, the Government commenced proceedings against the insurgents and Bakr, claiming damages for trespass and damage to, and/or destruction of property of the State at the time of the insurrection.

On September 6, 1996, the Government obtained judgment in default of defence for damages to be assessed. On January 15, 2001, damages were assessed by Justice Joseph Tam in the sum of $15 million, with interest. The debt stands at $32 million. On February 6, 2006, the Attorney General issued a summons on behalf of the Government, pursuant to the Remedies Against Creditors Act, for the sale of 11 parcels of land. On June 8, 2006, Bakr filed an affidavit in opposition to the summons, raising a major issue by way of defence to the claim.

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Oy OY YOI!!! I'm only

Oy OY YOI!!! I'm only waiting for the repercussions based on these allegations!! Look out Narine as Manning would get you arrested & you'll be forced to resign like Sharma!!!This is pnm country!!! & we don't want any justices being fair & impartial!!! You must tow the line!!!Marginal seats were set up to favour pnm--Williams did it way back in the 60's !!! & do you expect anything to come out of this! we have a dictator in T&T !! Thanks to Ramish maharraj,Trevador Sumdama, & Ralph Maharaja who were all judases!!! Pandaay must go as he is only wasting our precious time with talk!! We still want his wisdom & expertise to help us guide through a take over of Gov't by the COP & its added contingent viz. Warner & gypsy!!! Please don't have Reemish anywhere in politics!!!
Bakyr must give up all assets garnered by fraud,extortions,bribery etc!!! All these properties must be sold forthwith including all foreign-owned properties & off shore bank accounts!!!!
I'll be following up on this -I want to see how menning would act on this !!

The chickens are coming home

The chickens are coming home to roost.
Wha yuh say, Patos, mih boy?
Yuh could run, but yuh cyah hide!!

Probe? The only probe might

Probe? The only probe might be one for impeachment of the judge.
Btw, there was a rumour circulating that just before the insurgents pounced on the Red House in July 1990, a certain MP was seen running down the road in a big sweat, as though he had a premonition while another one was in bed having a nightmare. Does anyone have any knowledge whether the rumour was just Trini ole talk?

The guiding principle has

The guiding principle has been that no one is above the law, regardless of his position.

Unfortunately, while this is the intent of the law, it is not the practice in Trinidad and Tobago, aka Monkey Island (you know that tale of the three monkeys, See no evil; Hear no evil; Speak no evil). Case in point: Shermie still have to escape driving without insurance. It will be interesting to see if the insurance company backdated the policy, wouldn't it?

The investigation will be at a snail's pace (if at all, since the senior duncey takes orders from the man being investigated), the results will be hidden, the witnesses may be uncooperative (or disappear)....

As I pointed out earlier, with less than 5000 arrests per annum in a force of 7000 dunceys, these guys are incapable of catching cascadoo in a bucket.

Although dey did manage to ketch a manicou on the fence by Débé police post, but then again, everyone gets lucky once in a while.

Ah keeping ah eye on this one.

Jumbie's Watch

Mr. PM, you should take up

Mr. PM, you should take up residence at Mucurapo Road too!!

This is an extremely serious

This is an extremely serious matter. Justice Narine should now expect a lot of pressure. I respect his independence and courage. Let us remember that the course of history an the improvement of mankind was not wrought by the likes of the Manning's and Jeremie's of this world. Indeed it was men who had the courage to stand up for truth (veritas) and justice. Let us pause and consider the efforts of a Mandela or a Gandhi. The nation needs to know the truth. If State Resources were used and or promised for Jamaat support in the 2002 election then that is an extremely serious matter. Justic Narine is duty bound to seek the truth and to hold up Justice at all cost.

....just whom does Justice

....just whom does Justice Narine think he is?....he dares to question the motives of the Nation's Father....this judge has only himself to blame for his impending professional demise....

What a jackass of a person

What a jackass of a person to state Quote Just whom does Justice Narine think he is Unquote. What you are saying that it is ok For Manning to say and do what he likes regardless of the consequences.
I feel sorry for you, and by the way Manning is not the Nation Father but your father.
Can you see who is suffering more in Trinidad, people like you who do not have any brain power.

Oh, oh!! I imagine Zando Lee

Oh, oh!! I imagine Zando Lee was trying to employ a bit of irony or sarcasm in his remarks but he can speak for himself. Be that as it may, even without being told, we should try to keep the comments and exchanges civil in keeping with the guidelines. Don't let emotions get in the way of civility or objectivity, please.

You tell them Diva! Be

You tell them Diva! Be civil, some of them so arrogant like, ah a forget his name!

By the way I like how you mastered the "html" thing, but put some text in red and other colours, to shock them nuh!

Dear Henry Thanks for

Dear Henry

Thanks for 'cheerleadering me' but I must pass the credit to The Prince, for pulling up errant blogger, Persad. (*^_^*)

As for using another colour than blue, I truly wish! (Part of being a diva, you know.) However, I think we only have the option of blue or black... or is it black and blue? (^_~)

La Diva

Persad, my friend, please do

Persad, my friend, please do be kind with your language.

I was told a very long time ago that the English Language was perhaps the most mis-construed / misunderstood language in this world.

I don't think that Zando Lee was being exact with his words. This is 'silly season' in T&T, we are all aware of that, and he was perhaps simply poking fun at the request made by Justice Narine, not at the person. He was just being cheeky, light hearted. In other words he was being a tease imitating what some may say when the request of Justice Narine is handed over to them for the work to be carried out. I know you do understand.

Do not take all of our comments to mean exactly what is written, because once in a while we poke fun at the system/the government. Some may call this 'tongue in cheek' ... having a little fun, no disrespect intended.

I support the comments made by The Prince and La Diva. We all do care.

I guess that you must have been having a bad day. That's all. We all do sometimes.

Keep your comments coming as I for one appreciate reading them, seeing the different points of view from our readers, but do not feel comfortable when we disrespect another.

Zando Lee only talking

Zando Lee only talking "tongue-in-cheek"!

You can't read between the lines Mister?

Will he bite the hand that

Will he bite the hand that feeds him? With the utmost deference, which commissioner, learned judge, is going to investigate this matter? Right now there's a possible breach of a court order down at the La Brea Alutrint complex; an illegal meeting complete with CPEP and URP workers addressed by you-know-who in Woodford Square was held under the 'watchful' nose of the Commissioner; the self-same commish is now declaring that it was a practice in the past for police to take evidence and keep it at home, thereby, in effect, exonerating the casino money-grabbing cops as well as the fellas with drugs and ammunition court exhibits at home, together with countless unknown other officers who face similar charges and/or accusatiions. Let's be frank: will a fella on contract and apparently beholden to the almighty diligently take on such a delicate job which may involve biting the hand that feeds him?
ajfyzabadbutlertown

I am minding my business but

I am minding my business but I would like to know if corruption is institutionalised , in "Sweet T&T" ?? I am still minding my business but I would like to know if the Prime Minister can be impeached ??
ATW - Barbados .

Answer: Q1 YES and Q2 NO

Answer: Q1 YES and Q2 NO

Narine wants to play with

Narine wants to play with the big boys.... I hope he has big balls

On the Corruption Index: we

On the Corruption Index: we went from #33 with the UNC to #72 with PNM, the higher the worse. So tell me if Manning is to answer and it goes against him, what does it mean for the leagal status of the PNM Govt? Come on Legal Eagles out there, lets discuss the scenarios, maybe I go back to read the Constitution on this?

His balls have to be bigger

His balls have to be bigger then yours because you do not have any.

Wiggins asked whether the

Wiggins asked whether the Prime Minister could be impeached. While I am not a lawyer, I believe that there are provisions in the T&T Constitution for the President to remove the PM, in such cases where the PM no longer commands the support of the majority of the members of the House of Representatives, or where a motion of no confidence is passed against the PM. So in theory or even in law, you can have the PM "impeached" so to speak. But with a bunch of specially chosen good and faithful sycophants who owe their sinecures to their master (even the President himself), I do not envisage the removal of the incumbent, except by the ballot in free and fair elections, (no gerrymandering or use of thugs), unless some deus ex machina intervenes to change the plot and save the Nation's bacon.

True Prince, That would

True Prince, That would never come to pass as all of them are just as sickening as Caesar Manning..

Abu- Oh gosh, you really crack me up yes. Why didn't you present this evidence before? You know, when you were whining that the court was wasting your time as you have to see your daughter off to her school in England? And you were forced to reappear in court nearly every week.
This is crucial evidence you withheld son. And, my coffee may not have kicked in, but What DOES this evidence have to do with the case against you? Can someone help me on this?

I am waiting to see what will be the outcome of this. Certainly Caesar Manning is not going to take likely to this judge who did the right thing, also what will be the DPP's response to this, as well as the AG's.

Will they DRAGGG this out as they did the Uff inquiry to no avail? Or will Justice - dare I say - Actually be served in this country .... Stay Tuned to this accelerating saga!

Vote Caesar Manning - He Does What ever!

Kitty, in answer to your

Kitty, in answer to your rhetorical quetions, I would give you 2 clues: (1) the Ag DPP was vetoed & kicked upstairs to the High Court& the next in line was also vetoed and (2) after things quieted down and our Alzheimers-prone population with their short-term memory loss forgot, the ex-AG was brought back in from the cold to resume from where he left off. And of course, as you know, the selection process for CoP was deemed to be flawed and the rest is history.

Never Say Never.

Never Say Never.

The Prince Never Say Never.

The Prince

Never Say Never.

The Prince and Assoc. Never

The Prince and Assoc.

Never Say Never. There could be a silver lining somewhere, and we may uncover it sometime - who knows when. So don't close the door yet.

I am seeing the 'toxicity' created by Manning in his Frankenstein's lab, starting to knock on his front door. Who knows if and when it may be opeed for 'toxicity' to enter.

Did our Mr. Panday ever thought he would be taking up quarters at Golden Grove?
.. But he did, even for a short while.

Did Lord Conrad Black, of Bowsharbour (?) ever though he would be found guilty?
..He was and is serving his prison sentence in the U.S. Prison.

Did Ken Lay, head of Enron, who frequented the Offices in Washington, visiting Pres. Bush, that one might have thought he worked there, believed that he would be found guilty?
..He was and was sentenced to Prison, but as life is unpredictable, he died of causes 'unknown' just prior to reporting to the Prison authorities.

Did Pres. Richard Nixon, ever thought that he would get caught?
..He was and had to leave the White House in disgrace. Impeached.

and the list goes on...

So you see while T&T is still a 'democracy', if perhaps in name only, there is still a possibility of Manning being found guilty of 'misbehaving in public office'. One never knows ...

---PS. Tonight I saw on the BBC Mr. Mugabee, following his meeting with the E.U. answered a reporter with "I never had problems with the West. I only had problems with No. 10.)
... So we are liable to hear something similar from Mr. Manning -
'I did no wrong; "I am not a crook", 'if the Prime Minister did it then it is not illegal' and I have no problems with anyone; except with the Privy Council for the comments in their judgement, and this Justice Narine.' And life goes on ...

Justice Rajendra Narine, I

Justice Rajendra Narine, I must say sir you have done the right thing, this is the kind of judges we need in Trinidad and Tobago, I hope the others in our justice system are looking on, I hope the law association are looking on, now this is only one thing with Manning and he crew, we want charges for not just this but everything, the public knows, we want justice. Manning the PNM thronging you out to the Paraná with hart, and there is enough blood on our streets to start a frenzy, ever look at Paraná feed?

It only starts here let’s see where it ends, You are just Madoff trying to full the family vault, you know death will get to you before the courts, but you did not expect them to start this soon. It’s a new dawn for the PNM, Rowley is the next batter up.

So y we not seeing nothing done about Mr. Andre Monteil and his the purchase of 110 million TT dollars in shares in the Home Mortgage Bank where Mr. Monteil was Chairman.

Ryan4Party

The more things change the

The more things change the more they stay the same. Intellectual inertia in T&T has given birth to a Frankenstein PNM monster that is swallowing the soul of the nation. We are on a fast train to Haiti with the leadership of Baby Doc. While 'Rome burns' the pesudo elite in places like the Chambers of Commerce refuse to do their duty. Civic society as represented by Chambers of Commerce are failures to our nation. How have they ever condemned the nexus between the PNM and Criminal Gangs and the fact that these gangs are capitalised through tax payers dollars from URP?

The learned Judge has stood up and said that this should be investigated. Misconduct in public office is an extremely serious criminal matter. The Prime Minister once told the Opposition that 'Jail not nice". He should re-visit that caution and ponder on it carefully. The Bible that he claims to read says in Luke that "For everyone who exalts himself will be humbled, and he who humbles himself will be exalted". We have lived to see the exalted humbled on Wall Street. We have lived to see the once exalted Ministers of the UNC force fed humble pie. Will it be the turn of others soon?

The only probe Manning is

The only probe Manning is going to get is if he has a colonoscopy in the near future..

This is PNM country..

Come to think about it,

Come to think about it, didn't Manning try to give Bakr some valuable real estate some time ago and only desisted after some outcry from Rowley and some of the Cabinet in the days when some of them still had cojones? That might lend some credibility to Bakr's assertions, wouldn't it?
Anyhow, what is the Imam doing in the UK these days, apart from seeing his daughter enter university? Did she get one of those undisclosed scholarships or is Col. Gaddafi her sponsor? These days the Colonel even giving away a lot of money (compensation) to people like the families of the Lockerbie bombing and even Gordon Brown is trying to cash in on Gaddafi's billions, to get some blood money for IRA victims. Seeing that the IRA's purchase of the Libyan semtex might have been funded from US sources and might have been brought in undected by the British Customs & Security services, maybe the victims' families could have a case against the US & British gov'ts as well?
Maybe Lenny wants to check out the British Parliament? Who knows? Maybe even claim political asylum from persecution and prosecution, a curtailment of his freedom and his right to the enjoyment of his several properties. After all the Law Lords did rule in his favour when T&T Courts tried to contest that his amnesty was obtained through duress.

Justice Narine had a job to

Justice Narine had a job to do, and he intended to do it by the books, and let the chips fall where they may. Tough noogies if some in the upper ranks of T&T do not like it.

This entire affair with Mr. Bakr and Mr. Manning has been knocked around for years, and has never been put to rest. The reason being that there appears to be sufficient information to support allegations of Mr. Manning, as Prime Minister, 'misbehaving in public office'.

The contraversal Affidavit, signed, sealed and delivered in the hands of Justice Narine, together with the content of the Privy Council Judgement, raised some serious concerns, and left him with no alternatives but to instruct that it be forwarded to the Act. Comm. of Police and the Act. Dir. of Public Prosecutiron for consideration. He further added 'The court is confident that the relevant authorities will carry out their constitutional duties without fear or favour ...... The guiding principle has been that no one is above the Law, regardless of his position." And he expected that the matter would be dealth with urgently and with transparency.

There are still some among us who do recognise that this gov't has been involved in more unethical behaviour in this country than a free people should have to tolerate, and are willing to stand up for justice for all, come hell or high water, and stand the consequences. Justice Narine appears to one of the 'brave souls' still left.

If we are to make decisions based on the fact that we are afraid of the consequences of our actions, then we are playing right into the hands of those who are abusing their authority and 'power' who are attempting around every corner to deny us our freedoms.

We were privy to the unethical and unacceptable behaviour of Mr. Bakr and his followers during the elections of 2002, wherein he appeared in public, with the P.N.M. candidates, on their platform. He threatened, intimidated and harassed our people. Neither Mr. Manning nor any of his loyal followers in the upper ranks of his party objected and/or attempted to allay/calm the fears of the innocent citizens in this country who desired to exercise their democratic right to vote for the candidate/party of their choice. Putting it simply, Mr. Bakr terrorised the citizens of this country, and Mr. Manning took a 'vow of silence'. This episode alone gives the impression that what Mr. Bakr has in his Affidavit could be very true.

"The Prince" raised some questions of Mr. Manning's attempt to sign over property to Mr. Bakr and his followers, but was prevented from so doing by others within the party who still had some ethics left in them. In a small country like T&T, nothing remains a 'secret' for too long, and information has been leaking out slowly that has caused law abiding citizens to come to the conclusion that something is surely amiss.

Mr. Manning vetoed the selection of Mr. Williams as our Commissioner of Police, even though he went through the authorised screening and interviewing process; He did the same with Act. D.P.P., (Carla A-Brown), until pressure was put on him and he had to over-rule himself; now he has come and done the same with Mr. Gaspard? and has been called upon the carpet by Mr. Maharaj to come clean. Is Mr. Manning on a roll to have his own 'flunkies' - 'yes' men and women in all our important portfolios so that he can use them as his puppets. One wonders.

Remember the column written by our Clevon Raphael wherein he asked the pertinent question: 'Are we as a people lacking in courage?' Perhaps. But we are now awake and ready for the fight of our life. So Mr. Manning get into shape or ship out.

There is still a slim glimmer of hope that the two portfolios now responsible for investigating the content and accuracy of this Affidavit will be accountable, transparent and ethical in their duties, and not let outside forces influences their actions. We have a history of initiating investigations and seeing them fall apart, or lead to no where. We see Mr. Manning attempting to attack the independence of the Judiciary. So I therefore call upon the Law Association to be on full alert and act accordingly.

Justice Rajendra Narine, thank you for doing your job to the best of your ability and doing what you recognise must be done in my country without fear of man or beast.

We now add this Subject to our long PENDING ACTIVITIES list ... awaiting its findings.

Gardenia... ehem! Justice

Gardenia... ehem!

Justice Rajendra Narine, thank you for doing your job to the best of your ability and doing what you recognise must be done in my country without fear of man or beast.

Spoken like a true diva (^_~).

Thank you too Justice Narine, for showing some backbone. Now. Who is next, to display some much needed backbone?

La Diva

 
 

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