Magistrate’s absence forces postponement
Stabroek News
October 18, 2002

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The absence of presiding Magistrate Chandra Sohan forced a postponement of the Preliminary Inquiry into the charges of treason against Phillip Bynoe and Mark Benschop yesterday.

Both the defence and prosecution on their arrival were informed that the magistrate had sent a message indicating that he was unwell and would not be travelling to the city.

The magistrate was expected to rule yesterday on the admissibility of a document which the prosecution tendered to be admitted into evidence during the testimony of Chief Election Officer (CEO) of the Guyana Elections Commission, Gocool Boodoo. The defence had objected to the admissibility of the document, a reproduction, which they contended had not been certified. The prosecution made submissions, maintaining that there was no need for certification.

As a consequence of the magistrate’s absence yesterday Benschop was not brought to court to extend his remand. Stabroek News understands that the prisoner protested this development since he contended that this was the third such occasion where the warrant to extend his remand was not signed, making his custody unlawful.

Director of Prisons Dale Erskine in response to the charges said that he had received no information on the allegations, but undertook to inquire into the claims.

The inquiry, which is to determine whether Benschop should be committed to stand trial in the High Court for the charge, has been fixed for continuation on Monday.