Benschop is charged jointly with Philip Bynoe for treason following the storming of the Office of the President by protestors on July 3, 2002.

Yesterday, Magistrate Chandra Sohan, who is now presiding over the case, set August 28 for the PI to begin, following a request by Attorney-at-Law Sanjeev Datadin, who has been appointed Special Prosecutor for the case.

Datadin had previously asked the Court for two weeks to prepare the case, but the Court had only granted one week. Appearing yesterday, he asked for a further three weeks to prepare the evidence, and was granted 23 days as of yesterday.

However, Attorney-at-Law, Raphael Trotman, one of the lawyers appearing for the accused, reminded the Court that at yesterday's appearance they were supposed to determine whether the Court would proceed with the joint charge for the co-accused, or have them separated, and proceed with Benschop's trial alone.

Datadin was also expected to report on the progress he has been making with the investigations. Neither of those was done.

Trotman, in his submission, told the Court, "We are very perplexed since the time keeps pushing back...justice delayed is justice denied. If the Bar gives an undertaking to agree with the Prosecution it will be compromising the defence and the justice system."

He noted that Benschop has been in solitary confinement for over two weeks and is being denied the privilege of seeing his wife. Trotman pointed out to the Court that his client surrendered to the Police thinking he would have the right to a fair trial.

Trotman, in making a bail application for the accused, said the prisoner's liberty should not be deprived merely because the Prosecution has not yet put together its case.

He said that under common law rule, bail is not normally granted in such a case. However, it is not unheard of.

"If there is a request for more time, we request bail. In the interest of justice, the defendant should be granted bail because the Prosecution is not ready to proceed with the PI," Trotman argued.

He contended that the Prosecution culminated the charge before any evidence was presented. He said that although the application might be unprecedented, it is a common law request.

Magistrate Sohan noted that the submissions by the Prosecution were pushing back the case from where it started. No progress was being made by the Prosecution, which is merely looking at the files, he observed.

Datadin told the Court that he has committed to an undertaking to start the PI in a matter of days after the three-week period.

Trotman said he is concerned that after the Court gave a date for the PI, there was some hesitancy by the Prosecution to commit to that date. He added that the defence counsel would be guided by the Court's decision as to when they would start preliminary hearing, but he vehemently opposed such a long adjournment.