Abu Bakr blanks Commission of Inquiry
By Peter Richards, From Caribbean360
PORT-OF-SPAIN, Trinidad, CMC – Prominent Barbadian jurist Sir David Simmons Monday called on the Trinidad and Tobago government to review the Commission of Inquiry legislation after the leader of the Jamaat-al Muslimeen group failed to appear before the Commission probing the circumstances that led to the failed 1990 coup against the then government of prime minister ANR Robinson.
This is the second occasion that Yasin Abu Bakr has blanked the Commission and Sir David, who is chairming the Commission, said the government should look at similar legislation in Canada in its review of the current act.
“The government should give very serious consideration to reforming the Commission of Inquires Act. The government should look at Canada and see some of the relevant legislation that operates in Canada within the context of the Charter of Rights and within the context the human rights provisions of the Constitution,” he said.
He said a useful precedent may be found in the Canadian legislation, adding “it is all very frustrating because of the absence of Abu Bakr one is tempted to feel a sense of let down”.
He said some people would come to the conclusion that the Commission “was a waste of time”, but he would not share that view.
At least 24 people, including one government legislator, Leo Des Vignes, were killed when Yasin Abu Bakr led 114 members of his Muslim group in coordinated attacks on the Parliament and the Trinidad and Tobago Television (TTT) station in his attempt to overthrow the then ruling National Alliance for Reconstruction (NAR) administration on July 27, 1990.
Bakr later appeared on television and announced that the government had been overthrown, and that he was negotiating with the Trinidad and Tobago Defence Force. He called for calm, and said that there should be no looting.
After six days of negotiation, the insurgents surrendered on August 1, and were taken into custody. They were tried for treason, but the Court of Appeal upheld the amnesty offered to secure their surrender, and they were released. The London-based Privy Council, the country’s highest court, later invalidated the amnesty, but the Muslimeen members were not re-arrested.
A number of people including former prime minister Basdeo Panday has testified before the Commission which held its last public sitting on Monday.
Bakr was first ordered to appear before the Commission on August 29 last year and another summons issued on September 9 this year for him to testify on Monday.
Bakr has in the past refused to testify before the Commission citing an ongoing case against him in the High Court. But earlier this year, he said that he would only appear if he is paid to provide evidence.
Bakr, 71, told radio listeners the authorities must make payment to him in just the same manner as payment is being made to members of the Commission.
“If you want to take my time, you paying Simmons and the other people for their time and if you want to take my time you have to pay me equally for my time because with me they would not exist.
“Had I not been the author of this book they would have anything to read,” he said, insisting “yes I have to be paid equally with Mr. Simmons otherwise Mr. Simmons would not exist without me.”
But Sir David, who made reference to Bakr’s demand for payment, said the Muslim leader does not have the courage to appear before the Commission and be subjected to cross examination like some of his followers.
“… three of his co-conspirators, collaborators whatever you may wish to call them did come and expose themselves to cross examination,” he said, adding “he was the leader and he hasn’t got the courage to come”.
Counsel to the Commission Avory Sinanan said Bakr is yet to give the Commission an explanation for his non-appearance.
“Mr. Bakr has up to now has not put forward …an efficient reason,” he said, noting “for a key player nto absent himself and treat the Commission virtually with contempt is something that I don’t think the Commission should countenance.
“It is unfortunate, even up to a few moments ago I personally entertained the fevered hope that Mr. Bakr would appear or even at least some message to explain his non-attendance. Mr. Bakr is such a pivotal figure in the whole unfolding drama that engulfed the nations in July 1990.
“It was critical for the Commission to hear from him,” Sinanan said, urging that the relevant sections of the Commission of Inquiry Act to be used to punish the Muslim leader.
But he said the fine of TT$2,000 (One TT dollar =US$0.16 cents) was not an enough deterrent.
“It is unfortunate to do this all over again and secondly it is unfortunate that the Commission of Inquiry Act, there is a lacuna that the only penalty that could be inflicted is that of a fine rather than compel the attendance of the person,” Sinanan added
PHOTO: At least 24 people were killed when Yasin Abu Bakr led 114 members of his Muslim group in coordinated attacks on the Parliament and the Trinidad and Tobago Television (TTT) station.
