BY JADA LOUTOO
A high court judge has agreed to look at the taped recording of statements made by Yasin Abu Bakr during an Eid sermon at his mosque on Mucurapo Road in St James, Port-of-Spain, on November 4, before he entertains another bail hearing for the jailed Jamaat al Muslimeen leader.
Justice Herbert Volney said yesterday he would have to view the recording of Bakrís Eid sermon before he allows submissions on why he should hold another bail hearing for Bakr.
"It seems to me a judicable issue has just arisen," Volney said, before adjourning the matter to next Tuesday.
Bakr, 64, is before Chief Magistrate Sherman Mc Nicolls in the Port-of-Spain Eighth Magistrates Court, charged with an act of terrorism, three charges of incitement and one count of sedition.
He was also charged with possession of arms and ammunition.
Bakrís team of lawyers, led by two senior counsel, Pamela Elder and Theodore Guerra, filed another application for bail for Bakr, who is in prison, after being denied bail twice before on charges of sedition and incitement, in addition to other charges.
Elder said the videotape was a crucial part of the prosecutionís case against her client, labelling the case as a "rare and exceptional" one.
"No one knew what was on the tape when he was charged," Elder said, as she urged Volney to view the recording and assess the situation in her application for her clientís bail.
But Volney reminded Elder that submissions on Bakrís behalf had been made by one of his lawyers, Wayne Sturge, who submitted that the excerpts the prosecution relied on to charge Bakr were taken out of context.
But Elder maintained that certain things were left out from the tape when the prosecution presented its case against Bakr.
She said an alarming "surgical excision" exercise had been conducted.
"I can give you a copy of the tape disclosed to us by the State," she told Volney, who said he would have to view the hour-long recording before he is satisfied that he should entertain Bakrís bail application.
Guerra advised the judge to pay particular attention to an interview at the end of the recording.
Dana Seetahal, who is representing the State, said she had no objection to the judge viewing the tape as suggested.
Volney previously denied Bakr bail on November 11.
Also representing Bakr is Richard Mason.
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