Magistrate to rule on testimony
Prosecutor, Benschop exchange words
Stabroek News
September 26, 2002

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An Assistant Superintendent of Police, attached to the Presidential Guard took the witness stand yesterday when the preliminary inquiry into the charge of treason against Mark Benschop and Phillip Bynoe continued.

The third witness for the state in as many days, ASP 8813, Keith Bobb Semple, delivered his testimony. However, a dispute erupted between Benschop's defence team and Special Prosecutor for the DPP, Sanjeev Datadin, after the latter objected to part of the witness's testimony.

Datadin argued that certain disclosures would jeopardise the security of potential witnesses. Lead counsel for Benschop's defence team, Basil Williams, contended instead that the requirements of the accused far outweighed the speculations on the part of the prosecution. Senior Magistrate Chandra Sohan reserved his ruling on the matter after listening to the arguments by both sides and has agreed to allow Williams the opportunity to recall Bobb Semple to testify concerning that particular point of law.

Meanwhile, the magistrate yesterday also threatened to bar the public from further proceedings after a disturbance erupted in the courtroom during a verbal confrontation between Benschop and Datadin during a five-minute recess.

Datadin had instructed police ranks to disallow persons from speaking with the prisoner. Subsequently Benschop, while conversing with his wife, was warned by a police officer. Benschop admonished the officer and Datadin interceded and a confrontation resulted, during which Datadin allegedly threatened to "drop" Benschop.

Attorney for the defence Carol Martindale-Howard interceded on the public's behalf explaining to the court that Datadin had provoked the confrontation, which agitated members of the public. However, Datadin denied all allegations and promised to withdraw the prosecution's case if anyone in court would come forward and say that he had threatened Benschop. A senior Inspector of Police, who was called upon by the defence, recounted the confrontation and told the court the special prosecutor had indeed told Benschop, "jump, let me drop you." Datadin subsequently denied the allegation and gave an undertaking to no longer have any verbal discourse with Benschop while not offering an apology to Benschop, which was sought by Martindale-Howard.

The magistrate then fixed the proceedings for continuance next Monday, owing to his other magisterial commitments. But the defence team said it would seek relief in the Chancellor to direct the magistrate to forego his other commitment and continue proceedings today.