Benschop bail application…
Opposing side granted leave to file answering affidavit

Guyana Chronicle
February 1, 2003

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JUSTICE Jainarayan Singh yesterday granted leave for lawyers opposing the bail application by treason accused Mark Benschop to file an affidavit in answer.

Attorneys-at-law Mr Sanjeev Datadin and Mr Anil Nandlall, who are also appearing for the Prosecution at the preliminary inquiry (PI) into the charge, were given until Tuesday to do the filing.

The judge said he would begin hearing arguments in chambers on Wednesday, February 5.

In the matter, Maria Benschop, being represented by other attorney-at-law Mr Basil Williams, is petitioning the judge to grant her husband pre-trial freedom while the PI is stalled because presiding Magistrate Chandra Sohan is reported ill.

She said the delay has resulted in the continued incarceration of the remanded prisoner and, while languishing in prison, he feels his constitutional rights to an early trial, as well as to adequate time and facilities for preparing his defence have not been recognised.

Among other things, there seems to be a deliberate attempt to detain Benschop as long as possible, so that he is not free to publicly express views in accordance with his democratic right under the constitution, his wife complained.

The same judge also gave State Counsel Paula Gilford until Friday, February 7 to answer a similar petition for pre-trial liberty denied James Gibson, who is facing two charges of unlawful possession of firearms.

Marcelle Gibson, sister of the also remanded prisoner, of Friendship, East Coast Demerara, made the application through Williams, as well.

She said the offence is bailable but Magistrate Kumar Doraisami refused her sibling the privilege at Blairmont Court, West Bank Berbice, last January 27.

Gibson, 22, was originally charged with murdering a policeman, following the fatal 2002 siege at Rose Hall, Corentyne, Berbice Police outpost.

But that charge was withdrawn on advice from the chambers of the Director of Public Prosecutions (DPP).

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