A Port of Spain magistrate has dismissed the police’s case against Fuad Abu Bakr, leader of the New National Vision (NNV) political party, after nothing was done to advance it on a series of offences arising out of Black Lives Matter (BLM) protests at the Queen's Park Savannah, Port of Spain, in June 2020.
Magistrate Kerianne Byer was critical of the repeated absences of the officer who charged Bakr, PC Lashley.
Lashley retired in April. but was absent all seven times the matter was called in the Port of Spain Magistrates Court.
Byer also did not approve the belated application by the police to have the matter tried by the Office of the Director of Public Prosecutions (DPP) because Bakr was considered a “political figure.” Byer pointed out that the matter arose from an incident in June 2020, but the police had made no progress in arranging for the DPP’s office to take control of the prosecution.
Bakr’s case was expected to start on May 31. It was last called on September 7, when police prosecutors said the case had to be dealt with by the DPP because of Bakr’s status.
On Wednesday, police prosecutors told the magistrate they did not have the file, nor was it at the DPP’s office, since checks had been made and it could not be found there.
Bakr’s attorney Blaine Sobrian asked for the case to be dismissed, since the police clearly did not fulfill their duties, nor did it appear they were serious about having the matter prosecuted.
He said the defence has been ready to proceed with the trial, but set against the absences of the charging officer and the missing file, the court had to balance the scales of justice.
Byer agreed, while also reminding of the importance of robust case management by the court, as provided for by the criminal procedure rules.
She then dismissed the case for want of prosecution.
Bakr was charged with obstruction of a police officer and three counts of assaulting the police officer at the BLM protest.
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