In the Case of Yasin Abu Bakr and Other: A Dissenting View

• Author: Simeon C.R. McIntosh
• Profession: Professor of Jurisprudence and Dean, Faculty of Law, University of the West Indies at Cave Hill, Barbados
• Pages: 194-220

194 | Kelsen in the Grenada Court

IN THE CASE OF YASIN ABU BAKR AND

OTHERS: A DISSENTING VIEW

4

The case of Yasin Abu Bakr and Others1 had its genesis in a series

of events which began on July 27, 1990, when Abu Bakr and several

other members of the Jamaat Al Muslimeen staged an armed invasion

of the ‘Red House’ – the Trinidad and Tobago House of

Representatives – and also of the premises of the Trinidad and Tobago

Television Company. Several hostages were taken, among whom were

the Prime Minister and other members of his Cabinet. The Prime

Minister, the Minister of Justice and National Security and another

member of Parliament (who subsequently died) were shot and beaten

by members of the Jamaat Al Muslimeen holding them hostage.

Several persons were killed during the insurrection. Several citizens

were left dead on the pavement or courtyard outside the Red House.

In addition, the Muslimeen had earlier shot to death the security

guard outside the police headquarters and then fire-bombed the

building.

Brooks J., in his recitation of the facts, noted that there had

been communications between the captors and their prisoners in

the Red House and the Television Station, and also with the State

Authorities, namely, Acting President, Mr. Emmanuel Carter, the Deputy

Prime Minister, and a number of Senators and leaders of the army

In the Case of Yasin Abu Bakr and Others | 195

and the police, conducted through the agency of Canon Clarke of the

Holy Trinity Cathedral.2

During the course of the insurgency, discussions were held at the

Red House by Minister Dookeran (at his instance) and Bilaal Abdullah,

which were later joined by Minister Joseph Toney. They reached

agreement on the following documents which were to be presented

by Minister Dookeran and Canon Clarke to the Acting President:-

(1) a letter signed by the Prime Minister purporting to be a letter

of resignation;

(2) a document signed by members of Parliament who were being

held as hostages in the Red House purporting to give support

to Mr. Dookeran’s appointment as Prime Minister;

(3) a document headed ‘Major Points of Agreement’ calling inter

alia for (a) general elections to be held in 90 days, (b) an

amnesty for all involved in the insurrection, and (c) all to be

freed.3

On the morning of Saturday, July 28, 1990, Canon Clarke and

Minister Dookeran left the Red House Chamber for Camp Ogden

where they met with the state authorities. There, Acting President

Carter, ‘after some initial hesitation, reluctance, and advice, initialed

the carbon copy of the amnesty document in the presence of Canon

Clarke, showed him the signed original and instructed him (Canon

Clarke) to deliver the initialed carbon copy of the amnesty document

to the captors and to tell them that he had seen the signed original.

Arrangements were later made on the said Saturday evening for

Canon Clarke to be transported back to the Red House where he

delivered the initialed carbon copy of the amnesty document to Bilaal

Abdullah, the leader of the captors at the Red House’.4 On Wednesday,

August 1, 1990, the hostages (by arrangement) were evacuated from

the Red House and the Television Station, whereupon their captors

all laid down their arms and surrendered to the armed forces. They

were then arrested and subsequently charged with (inter alia) treason

and murder. They contended that their arrest and detention were

unlawful in that they had received a lawful pardon during the course