State closes case as remaining witnesses unavailable
Stabroek News
October 24, 2002

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Their remaining witnesses unavailable, the State yesterday closed its case against Mark Benschop in the Preliminary Inquiry into the charges of treason against him and wanted co-accused Phillip Bynoe.

Benschop's defence later expressed its intention to make no-case submissions following the prosecution's announcement.

Special Prosecutor for the DPP Sanjeev Datadin yesterday made the announcement after he sought the leave of the magistrate to reserve the testimony of the remaining witnesses should the matter be consigned to the High Court for trial.

"The Prosecution seeks the magistrate's leave to reserve the testimony of Sergeant Compton Lewis, who is unwell as a result of injuries sustained on 3rd of July 2002..."

Here attorney Mortimer Coddette interjected, "Mr Datadin is not giving evidence, he could only say "injuries he sustained."

Datadin continued "... Lance Corporal Simone Gibson, who is also unwell; Assistant Superintendent of Police David Ramnarine, who is on special assignment and Miss Naresh Singh, who, for urgent personal reasons, is out of the county of Demerara."

"The Prosecution rests," Datadin abruptly concluded.

Lead counsel for Benschop's defence Basil Williams, who said he had conferred with his colleagues and his client, requested a few days to review the evidence and the law and intimated that in light of this most recent development, the defence would make no-case submissions. The magistrate assented to his request and agreed to fix continuance for Monday.

Meanwhile Benschop yesterday, through his attorney Coddette, lodged further complaints against ranks of the Police Force. Coddette told the court that his client had reported that he had been "terrorised" by ranks who had escorted him to the court. The ranks he said threatened his client and pointed their weapons at him, causing him to fear for his life.

There were further complaints against two officers, who Coddette said he himself had attempted to approach to stop them from leaving but to no avail. Coddette said one of the officers ignored him while the other simply stated "Mr Coddette you know your job, I know mine. Please allow me to do mine."

Questioned by the magistrate, one of the two officers refuted Coddette's contentions while another said he had to allow the officers to leave because of what would have happened [in the present environment]. This is at least the third incident where the court was made aware of such allegations by Benschop.

It has been 100 days since charges have formally been laid against Benschop and his co-accused Bynoe, who still remains in hiding. The charges stem from his alleged involvement in the July 3rd storming of the Office of the President complex. Two persons were killed after participants of a protest march reportedly led by Bynoe invaded the complex.

Benschop initially could not be found and subsequently surfaced and answered charges of forcible entry, riotous damage to property, taking part in an illegal procession and aiding, abetting, counselling and procuring forcible entry. And while two warrants have been issued for his arrest, Bynoe's whereabouts remain unknown.

The inquiry will continue at 9:30 am on Monday.