He then adjourned the inquiry to September 16.

Magistrate Sohan had earlier announced that he would be proceeding on two weeks annual leave with effect from Monday. He advised Datadin that a substitute charge must be laid on the next occasion, or he would be forced to discharge the case as called for by the Defence yesterday.

Mark Benschop and Phillip Bynoe are charged jointly with the offence of treason following the July 3, 2002 storming of the Office of the President. The particulars stated that Benschop and Bynoe:

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.

Lead Counsel for the five-member Defence team, Mr. Mortimer Coddett, quoted sections of Articles from the Constitution and argued that it is unconstitutional for Bynoe to be charged behind "his back".

Coddett said that Bynoe would not be able to question the witnesses.

He observed, too, that the charges were joined, but were on two separate jackets.

This assertion was clarified during a short recess of the Court, when the 'crime book', in which cases are recorded, was brought up at the Magistrate's request.

Magistrate Sohan then stated that the inquiry could not proceed with only one accused present.

He said that three weeks had been given to Datadin for a substitute charge to be laid before the Court.

He pointed out that the only way forward is with a substituted charge against Benschop.

Datadin expressed the view that the Defence should raise their objections only if the evidence he leads is against Bynoe. He argued that the charge should remain as it is.

Coddett again rendered quotations from documented cases, and argued that the Court had the power to protect itself from being abused.

He said that three weeks had passed since the Magistrate instructed Datadin to produce a substitute charge.

Coddett said that these delays were prejudicial to his client, Benschop, who has lost his freedom.