ACTING Chief Magistrate Juliet Holder-Allen intends to challenge the allegations of bias and prejudice laid by the Director of Public Prosecutions (DPP), causing her to be barred from the treason case.

Her intention was made known yesterday when she appeared before Chief Justice Carl Singh who, last week, granted an order nisi of certiorari, prohibiting her from conducting the preliminary inquiry (PI) into the joint charge against remanded prisoner Mark Benschop and fugitive Phillip Bynoe.

The Chief Justice issued the edict on an application by the DPP, Mr. Denis Hanomansingh, who also appeared in person yesterday, represented by Senior Counsel Ashton Chase, in association with Mr. Khemraj Ramjattan and Mr. Rafiq Khan.

The Attorney General, other Senior Counsel Doodnauth Singh, who is cited in the proceedings, as well, made a personal appearance, too.

It is usual in such cases for a lawyer from the Attorney General’s Chambers to represent the judicial officer but Singh informed the Court that Mrs. Holder-Allen did not wish to be so represented.

At that stage, President of Guyana Bar Association (GBA), Mr. Nigel Hughes entered appearance for the Chief Magistrate and the Chief Justice permitted her to return to her Court.

Hughes successfully asked for leave to file an affidavit in answer to the DPP’s accusations and indicated that he proposes to make a preliminary submission about what he called “certain procedural errors” by the DPP, when the hearing resumes on August 19.

Hanomansingh made the prohibition move against the Chief Magistrate after she denied him a three-week adjournment to facilitate the execution of an arrest warrant on Bynoe.

Bynoe, who was still not apprehended up to yesterday, is jointly accused with Benschop, of conspiring, between June 1 and July 3, 2002, to overthrow the lawfully elected government of Guyana.

Their prosecution followed the storming of the Office of the President on the latter date when two of the protesters were shot dead in the complex before arson, looting and violence recurred in other parts of the city.