But she hinted that the joint charge might have to be separated for the trial of Benschop alone to proceed if co-accused Phillip Bynoe is not produced in Court.

That was after Mrs. Holder-Allen noted that no witness was present for proceeding with one of the most serious charges that a magistrate can try.

Earlier, the Director of Public Prosecutions (DPP), Mr. Denis Hanomansingh applied for an arrest warrant for Bynoe and sought a three-week adjournment to execute it.

Bynoe and Benschop are jointly charged with conspiring to overthrow the lawfully elected Government by force between June 1 and July 3.

Particulars of the offence said during that period, in furtherance of their intent, the two:

** conspired together with other persons to forcibly and unlawfully enter the compound and premises of Office of the President (OP) in Georgetown and

** were present and encouraged others, by words and conduct, to unlawfully overtake and storm the same OP compound and premises.

The DPP admitted that the joint allegation is against two men and said efforts would be made to get Bynoe, of Silver City, Wismar, Linden, who is joined with Benschop, of Lot 90 Laluni Street, Queenstown, also in the city.

One of the Defence lawyers, Mr. Roysdale Forde contended that the application by the DPP is an abuse of authority.

Forde said it was unfair for Benschop to be kept in custody while the DPP has not provided the Court with any information about whether Bynoe is within the jurisdiction and would be arrested.

Forde argued that detention without trial is abusive of the Court process and asked for the case to be dismissed, pointing out that previous arrest warrants were issued for Bynoe and no steps were taken to apprehend him.

Another Defence Counsel, Mr. Raphael Trotman said, if two persons are charged jointly, one could not be left to languish in prison until the other is held and, he, too, called for a dismissal.

He suggested that, when Bynoe is held, the Police can charge again.

Trotman alleged that Benschop, for whom wanted bulletins were put out on television and in newspapers, is being held a political prisoner as the State is unwilling to prosecute him.

Meanwhile, outside the courtroom, while Benschop waited in the Police outpost for transport back to jail, an unruly crowd of his supporters pushed down barricades and entered the compound, carrying placards.