Guyana Chronicle
May 17, 2001

CONTROVERSIAL television talk show host, Mark Benschop was last night in the Georgetown Prisons after he failed to post $500,000 as bail granted by Chief Magistrate Mr Paul Fung-a-Fat earlier yesterday.

Benschop, who was held by Police Tuesday, is charged with sedition, incitement to commit murder and disorderly behaviour.

He was taken to the prisons on remand after no bail was lodged with the court authorities by late afternoon, officials said.

Police were last night still looking for other controversial TV talk show host Ronald Waddell who Mr Fung-A-Fat ordered arrested after he was sent on bail Tuesday without proper surety documents.

Waddell has also been charged with sedition for comments on his Channel Nine TV programme after Police said he attempted to raise discomfort or disaffection among Guyanese citizens as well as attempting to promote feelings of ill will and hostility between different groups of Guyanese citizens.

Waddell, charged for seditious comments he allegedly made on his TV programme, left court Tuesday morning after he was granted $1M bail.

But the Chief Magistrate ordered his arrest at about 16:10 hrs (4:10 p.m.) after it was discovered that Waddell had not signed his bail form nor lodged any money with the court's clerk.

His former fellow Channel Nine talk show host Benschop, who in recent months has had several brushes with the law, had four additional charges slapped against him yesterday.

Before the Chief Magistrate, he was charged indictably with incitement to commit murder.

Police claimed that on April 9 Benschop on his programme incited Police officers to murder Commissioner of Police, Laurie Lewis.

"I call on all you Police to turn your weapons on Laurie Lewis; you know what I mean, and give him a few, you know what I mean, pellets and bullets", he allegedly urged his audience.

He was also charged with sedition after Police said that he told the people:

"The Guyana Police Force has to understand that they are outnumbered and if they kill one and two they have to kill all and therefore must be careful."

Benschop, however, pleaded not guilty to two summary charges of disorderly behaviour, one of which was struck out by Mr. Fung-A-Fat after hearing arguments by Attorney-at-Law Nigel Hughes that the offence was committed at the accused's Queenstown, Georgetown home and as such cannot be considered a crime.

Hughes argued that a charge of incitement to commit murder was ridiculous because no such charge exists in the Criminal Law (offence) act.

He added that the speech by his client on April 9 could not be considered seditious since it was a statement of fact which said that the Police Force cannot kill "all of us".

"Indeed the Police cannot kill all of us. Words do not add up to sedition," the lawyer argued.

Countering, State Prosecutor Wrenford Johnson said Benschop was, in his speech, attempting to create disaffection and uprising among Guyanese people.

He added that sedition is also a common law offence, and as such the statement of offence is seditious and contrary to common law.

"These charges are very serious. It is almost like treason, and it is unbailable," Johnson told the Chief Magistrate.

A large crowd again gathered inside and outside the courtroom yesterday as they awaited the outcome.

A large crowd was also there when Waddell appeared Tuesday. Opposition People's National Congress Reform (PNC/R) leader, Mr. Desmond Hoyte and his party Chairman, Mr. Robert Corbin were among lawyers in court when the case was called against Waddell who was a PNC/R candidate for the March 19 elections.

Before seeking bail for Benschop yesterday, Hughes said the Director of Public Prosecutions (DPP) had allowed the accused to leave the country, trusting him to return, and that he said, should be enough evidence for bail to be granted.

Mr. Fung-A-Fat agreed, but to the attorney's dissatisfaction, he placed the prisoner on $500,000 bail until his return tomorrow.

In Waddell's case, one charge is related to remarks he allegedly made on his programme on January 17 this year when he claimed he had information that the People's Progressive Party (PPP) had distributed 1,000 AK 47 guns in the Mahaicony River and that a group was being trained in warfare there.

The Police said the purpose of this speech was "to promote feelings of ill will and hostility between different groups of Guyanese citizens."

Police said Waddell on April 9 this year also claimed the government was arming a section of the population and was using "arms in a way to terrorise, brutalise and kill (another) section of the population".

Police said this was intended to "raise discomfort or disaffection amongst Guyanese citizens."

Waddell was represented by attorneys James Patterson, Lloyd Joseph, Basil Williams, Sean Allicock, Carol Martindale Howard, Roysdale Forde and Emile Dutson.

The lawyers argued that the Prosecution had no case because it had failed to charge their client under the correct section or act, and in that respect the matter should be dismissed.

The Chief Magistrate, however, disagreed that a dismissal was appropriate, but agreed that the accused was charged under the wrong section and set surety for the prisoner at $1M until May 18 when the Prosecution will be in a better position to present a report.

PNC/R defends TV talk show host on sedition charge

THE main Opposition People's National Congress Reform (PNC/R) yesterday said it was "solidly behind" controversial TV talk show host Ronald Waddell who has been charged with sedition.

Police were last night looking for Waddell who was apparently improperly released from court when he was granted $1M bail Tuesday morning.

Chief Magistrate Paul Fung-A-Fat later in the afternoon ordered his arrest.

In a statement yesterday, the PNC/R said it "will take all necessary action, politically and otherwise, to support, defend and protect" Waddell who was one of its candidates for the March 19 elections.

PNC/R leader, Mr Desmond Hoyte was among lawyers in court when the accused was taken before Mr Fung-A-Fat.

The party claims the sedition law is "anachronistic", arguing that the offence of sedition "has no place in a modern democratic society."

"The sedition law has always been used as a political instrument to terrorise and silence critics of a regime. Its scope is so wide that the mere advocacy of a change in the reform of an established government technically falls within its ambit", the PNC/R contended.

It questioned the court proceedings and alleged that the Chief Justice and the Registrar of the Supreme Court had interfered in a matter before a magistrate other than by way of an appeal.

The PNC/R claimed "it was a judicial scandal and disgrace" that a magistrate, having disposed of a matter in which the accused was represented by lawyers, could return later to his court and "make an order to deprive the accused of his liberty, in the absence of the said accused and his lawyers".

The Police have accused Waddell of trying "to promote feelings of ill will and hostility between different groups of Guyanese citizens" on his Channel Nine TV programme.