DPP tells probe Bakr evidence won't be used in sedition retrial

DPP Roger Gaspard

Director of Public Prosecutions Roger Gaspard on Monday suggested to the Commission of Enquiry into the 1990 coup attempt that the testimony of coup leader Yasin Abu Bakr could be heard in camera.

Gaspard, who made an unexpected appearance at the probe, also stated that testimony that Bakr gives won't be used in the Muslimeen leader's retrial on sedition charges.

Bakr's trial was thrown out last month because the jury was unable to reach a verdict. Justice Mark Mohammed ordered a new trial. Based on that Bakr failed to show up before the enquiry, claiming that his testimony might be used in court against him.

However Gaspard told the enquiry he has no such intention. Bakr’s attorney, Wayne Sturge, told the Commission in a letter dated August 30 that Bakr would not testify unless and until the resolution of his trial for sedition. 

Gaspard confirmed to Commission chairman Sir David Simmons that he would give the undertaking in writing, adding that he would do so and have a letter delivered to both the Commission and to Sturge.

Deputy chairman Sir Richard Cheltenham said the matter of hearing Bakr’s evidence in camera raised “the issue of principle of a public enquiry in which the public is entitled to hear the evidence. As (Bakr is) the principal witness, once no security issues are involved, you cannot lightly make the decision to exclude the public, even though it may turn out to be a reluctant second best”.