Magistrate charges Defence Counsel, Police with delaying inquiry

Guyana Chronicle
February 14, 2003

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MAGISTRATE Chandra Sohan yesterday castigated Defence lawyers and the Police, saying they are regularly not punctual and are hampering progress in the treason case preliminary inquiry (PI).

His 10.30 a.m. criticism came after he ascended the Bench one hour later than the agreed time and said the delay was due to the late arrival of the prisoner, political activist Mark Benschop and the absence of Defence Counsel.

Mr Sohan said, in an attempt to accommodate the Defence, he had arranged to start the proceedings at 9..30 a.m. instead of 9 a.m.

But, despite this concession, the defending lawyers were, sometimes, arriving at 10 a.m. and 10.30 a.m.

Magistrate Sohan said the Police, too, are not without blame, because they, at times, present the accused long after the expected time “like they have done today.”

At that stage, Benschop, speaking from the dock, apologised to the magistrate for his lawyers not being present and applied for a 20 minutes adjournment, assuring the Court that counsel would appear within that time.

Benschop said not all of his counsel turn up late and at least one of them is always punctual.

A Police officer in attendance claimed that the late arrival is because the prisoner is not ready on occasions and they have to wait until he is dressed but Benschop denied the claim.

“Sir, I am always ready. I could be ready by nine o’clock each day,” Benschop told the magistrate.

Mr Mortimer Coddette, a member of the Defence team, arrived within the 10 minutes granted adjournment.

Resuming his seat, Magistrate Sohan enquired about the witness Charles Smith, who was to be re-examined by leading Defence Counsel Basil Williams.

“I do not know why he is absent,” Coddette replied, adding he did not expect to get the other witnesses until Monday, February 17 and apologising for Smith not being there.

Magistrate Sohan recalled that, when he went overseas, the Defence Counsel gave the media the impression that the Court was employing delaying tactics but pointed out that the Defence is now holding up the PI.

Coddett e said they were always present but acknowledged that they lapsed yesterday.

Magistrate Sohan, maintaining that he is always ready, adjourned the continuation to 9.30 a.m. Monday.

Benschop is jointly charged with Phillip Bynoe for the capital offence, particulars of which said the two conspired with others to forcibly and unlawfully enter Office of the President (OP) compound in Georgetown and were present and encouraged others, by word and conduct, to storm the premises on July 3 last year.

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