The State yesterday launched its first strike to recover a growing TT$31 million debt owed by Jamaat-al-Muslimeen leader Yasin Abu Bakr and 57 other defendants for the destruction of Police Service Headquarters during the 1990 attempted coup.
By Darren BahawOver the last three months, agencies of the State were quietly searching the records at the Land Registry and scouring the country valuating several properties belonging to Abu Bakr and his second in command, Kala Akii Bua.
The court action, which seeks to authorise the State to seize and sell the identified properties, was filed yesterday at the Port of Spain Civil Registry, at the Hall of Justice. No date has yet been fixed for a hearing.
Akii Bua, who has assumed leadership of the Jamaat since Abu Bakr was incarcerated in November 2005 on five criminal charges arising out of his controversial Eid sermon, told the Daily Express that the Jamaat intends to challenge the State's action.
"We will fight this because we have judgment from the Privy Council which says that any further prosecution was an abuse of process... What about the amnesty? They have no respect for the Privy Council judgment. The amnesty cover all acts," he said.
Akii Bua was referring to a 1994 ruling of the Privy Council which stated that it would be an abuse of process to try Abu Bakr and his 114 followers all over again on charges of murder and treason even though their so-called amnesty was declared to be invalid.
He said he intends to consult the Jamaat's attorneys on the issue and try to meet with Abu Bakr in prison today to inform him of the latest State action against the Jamaat.
Akii Bua said that many of the coup-makers were now dead and several of them have joined with former Jamaat strategist Bilaal Abdullah and parted ways with the Mucurapo Road, St James, mosque.
Just last week in the Senate, Attorney General John Jeremie deferred answering a question posed by Opposition Senator Wade Mark on whether Government was going to enforce the payment of TT$40 million in compensation by the Jamaat to the State as a result of the coup.
Jeremie said he was unable to answer the question because of "compelling reasons of national security".
The Jamaat was awarded TT$2.1 million for the State's destruction of their (Jamaat) buildings at Mucurapo Road during the attempted coup. An interim payment of TT$1.5 million was initially received by the Jamaat and in 2002 then attorney general Glenda Morean authorised another payment of TT$625,000 to the Jamaat, paying off the debt after Abu Bakr demanded the money.
Chief State Solicitor Christophe Grant deposed in an affidavit accompanying the summons for sale that judgment was entered against the Jamaat and 57 of its members on September 16, 1996 as no defence had been filed in relation to the 1994 lawsuit.
On January 15, 2001 Justice Joseph Tam assessed damages of TT$15 million and ordered interest at a rate of three per cent per annum from July 27, 1990 to the date of his decision, January 15, 2001, which amounted to TT$450,000 per year, Grant stated.
After that date the judgment incurred 12 per cent per annum taking the debt to a staggering TT$31,680, 046.17 as of yesterday, and attracting TT$6,480.30 daily until payment, the attorney said.
Nine properties belonging to Abu Bakr have been identified by the State, including one of his homes around the Queen's Park Savannah, which has been conservatively altogether valued at TT$9.4 million.
A five-acre property at La Puerta, Diego Martin, lands in Guayaguayare, Dibe, Long Circular, four parcels in Couva, Mucurapo, St James and another in Marabella are being targeted by the State.
The State has been able to identify only one property belonging Akii Bua at Las Cuevas valued at TT$375, 000 but intends to go after the properties owed by many of the other defendants.
