PI deferred until tomorrow
DPP seeking adjournment to effect arrest of Bynoe
Stabroek News
July 24, 2002
An application for a three-week adjournment to the start of the preliminary inquiry to determine whether Mark Benschop should be committed to stand trial for treason, has forced a two-day deferral in the proceedings.
Director of Public Prosecutions (DPP), Dennis Hanomansingh, on behalf of the prosecution, yesterday submitted an application to acting Chief Magistrate, Juliet Holder-Allen, for the adjournment in order to effect the arrest of Phillip Bynoe, who is jointly charged with Benschop.
While another arrest warrant was issued for Bynoe, who has not surfaced since the events of July 3, the DPP’s application fuelled requests by defence counsel for either the withdrawal or the dismissal of the charge, in what were heated proceedings in and out of the courtroom yesterday.
While the Preliminary Inquiry had been slated to begin yesterday, Hanomansingh on behalf of the prosecution requested an arrest warrant for Bynoe in order to bring him before the court. And further, requesting “an opportunity to execute the warrant”, he tendered an application for a three-week adjournment of the inquiry, much to the displeasure of many of those crowding the courtroom.
Reasoning that Bynoe and Benschop are jointly charged, the state could not proceed against one, and that the particulars of the charge speak of a conspiracy, he requested that they both be present in court.
Appearing for Benschop were attorneys Rosydale Forde, Raphael Trotman and Shaun Allicock.
Adamant in his opposition to the application, Forde dismissed it as a frivolous excuse. He lamented that his client was in custody for treason and the application was extremely oppressive, considering that should Bynoe go to the end of the world, his client would be denied due process.
In view of the application, and what he deemed an abuse of power, he asked that the charge be dismissed. He also suggested that should the state wish to proceed it could subsequently rearrest Benschop.
Adding that it would be completely unfair to keep Benschop in custody for such a long period and declaring that the court cannot be used to deny a citizen his liberty, he drew attention to the fact that the DPP did not indicate where Bynoe is and failed to provide any basis that he was still in the jurisdiction.
Trotman submitted that if two persons are charged jointly, one of the accused could not be prejudiced and made to suffer until the other is arrested. He indicated that the circumstances might be different if the arrest was imminent, but he submitted that a situation cannot be allowed where a prisoner is refused bail by the law and has no hearing, simply because the other accused is unavailable. He suggested that the state should proceed or dismiss the indictment.
Responding to the attorney’s submissions, Hanomansingh noted that the arrest warrant had only been issued yesterday for Bynoe and reiterated that his application is for the prosecution to be given the opportunity to execute that warrant.
However, the magistrate made it clear that it was the DPP that had charged two persons and she also noted that a warrant had already been issued for Bynoe concerning the three other charges pending against him over the July 3rd march.
Seemingly indignant at the magistrate’s tone, Hanomansingh requested that the magistrate “act with a bit of decorum,” while urging her not to raise her voice. He further stated that the prosecution could not proceed in the inquiry in the absence of an accused.
Stating that she did not appreciate being lectured to, the magistrate told Hanomansingh that it was the state’s burden to bring its witnesses to proceed in the matter and she suggested that the charge be separated so that the inquiry could proceed.
Maintaining that there is a need to know whether there is any evidence to proceed with the matter, the magistrate adjourned the proceedings until Thursday when the Preliminary Inquiry is now scheduled to begin.
Following the proceedings Benschop was quickly thronged by a crowd which had gathered in the courtroom.
“Free Mark” became the chant which pervaded the courtyard and the areas surrounding the environs of the Magistrate’s Court as Benschop was held for a little under an hour in the holding cell for prisoners, awaiting transportation back to prison. There were numerous verbal confrontations between members of the hostile crowd and police, a situation further exacerbated when members of the Target Special Squad arrived to quell the disturbance.
The court compound was cordoned off by barricades, which could not hold back some members of the crowd who proceeded to breach the barriers despite police warnings.
Hanomansingh while leaving the court was met with verbal abuse from many in the crowd. As he was escorted by police from the compound, someone made a missile of what appeared to be half of a loaf of bread, which found its way to Hanomansingh as the vehicle transporting him was moving off. He quickly threw it out of the vehicle.
The increasingly tense standoff was soon defused with the exit of Benschop and the crowd slowly dispersed.