New magistrate to start treason inquiry next Monday
Guyana Chronicle
July 30, 2002

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ATTORNEY-AT-LAW in private practice, Mr Sanjeev Datadin has been appointed Special Prosecutor for the Mark Benschop treason case, a fiat (authorisation) issued by the Director of Public Prosecutions (DPP) disclosed yesterday.

Magistrate Chandra Sohan, to whose Court the matter has been transferred following the order barring Acting Chief Magistrate Juliet Holder-Allen, also announced that the preliminary inquiry, into the charge against Benschop and fugitive Phillip Bynoe, will start next Monday.

Mr Sohan said the proceedings will be treated with the highest degree of professionalism and warned that he would not “put up with any nonsense” from the DPP’s chambers.

The magistrate said the case will be given priority and a crowd of spectators would not be allowed, just close relatives of the accused.

Another guideline enunciated by the magistrate is that reporters will be asked to indentify themselves before permitted entry to the courtroom.

Bynoe and Benschop are jointly charged with conspiring, between June 1 and July 3, to overthrow the lawfully elected Government of Guyana by force.

Particulars of the offence said, during that period, in furtherance of their intent, the two:

conspired together with other persons to forcibly and unlawfully enter the compound and premises of Office of the President (OP) in Georgetown and

were present and encouraged others, by words and conduct, to unlawfully overtake and storm the same OP compound and premises.

Yesterday, Mr Mortimer Coddett was named lead counsel for the Defence, in association with Mr Raphael Trotman, Mr Sean Allicock, Mr Basil Williams.

Magistrate Sohan said, if more than one lawyer will be prosecuting, the others should attend on Monday with the necessary documentation, so that a system can be put in place to avoid confusion.

The magistrate said he does not want a situation in which Datadin is to prosecute and hear, on another day, that he is no longer involved with the prosecution.

Datadin had unsuccessfully requested a 21 days adjournment to get more acquainted with the case and Coddett explained that the Defence responsibility would be shared by the lawyers who will be assigned to deal with particular witnesses.

Coddett, noting that the DPP, Mr Denis Hanomansingh was reported ill, declared it is the State against the people and there would be no political calm in this country until the matter is determined.

Trotman observed that, to proceed, the State will have to effect the arrest of Bynoe.

Counsel said it is a serious case and the State should be anxious to go ahead with the pre-trial hearing.

Magistrate Sohan acknowledged that two persons were charged and said, unless both parties are brought to Court, another charge would have to be substituted.