Treason PI
Produce Bynoe or substitute charge against Benschop - magistrate
Stabroek News
July 30, 2002
The Director of Public Prosecutions (DPP) has renewed a request for a three-week adjournment to the start of the preliminary inquiry into the charge of treason against Mark Benschop and Phillip Bynoe. Attorney-at-law Sanjeev Datadin, now appearing in association with the DPP on behalf of the prosecution, made the application at the first preliminary hearing before Magistrate Chandra Sohan yesterday.
Meanwhile, the prosecution was urged by the magistrate to either produce Bynoe or substitute a charge against Benschop.
This comes just five days after Chief Justice Carl Singh, granted an order nisi on an application by the DPP, prohibiting the acting Chief Magistrate Juliet Holder-Allen from presiding over the PI. The application was made on the grounds that it would be unreasonable and a breach of the principles of natural justice for Holder-Allen to proceed. Further, the order was granted preventing the magistrate from continuing to preside over the inquiry on the grounds of prejudice and bias. The magistrate, on request by defence counsel, subsequently transferred the matter.
Appearing for Benschop were attorneys Raphael Trotman, Shaun Allicock and Mortimer Coddette, who was identified as lead counsel.
Initially there was some contention about Datadin's appearance in association with the DPP without the relevant fiat, and DPP Dennis Hanomansingh was absent at yesterday's proceedings. The situation was subsequently cleared when Datadin produced the document after a brief adjournment.
Considering the request, Trotman noted that the DPP had initially applied for a three-week adjournment one week ago, and further had indicated that they needed the time to effect the imminent arrest of Bynoe. And noting that the case has attracted international attention, he said it would be in the interest of the state to demonstrate that it was ready to proceed with the matter.
Sohan identified next Monday for report on the status of the DPP's case and the fixture of a date for commencement.
The magistrate also indicated that unless both men were in custody, they would be unable to proceed with the matter. "Unless we have both of them we can't do anything. On Monday you will either bring the other accused or I expect to see a substituted charge."
Following this fixture, the magistrate instructed Datadin that any other persons in association with the DPP should be present on Monday with the required fiats.
Earlier, laying the ground rules for the proceedings, the magistrate instructed both Datadin and defence counsel that the highest degree of professionalism would be expected from both sides. He added that he would not allow the courtroom to be overcrowded with spectators, indicating that he would allow immediate family members of the accused and defence counsel, at the very least. He also instructed that the court would not tolerate sensationalism and theatrics. With regard to the proceedings, while observing that it was probably the most important matter in the land, he considered that he had no reason to believe there would be any nonsense from the chambers of the DPP, and noted that it must be expected that the matter must be given priority. The inquiry is to determine whether Benschop and Bynoe should stand trial in the High Court for the offence.