Lawyers in treason case argue over Official Gazette
Guyana Chronicle
November 1, 2002

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THE Prosecution and the Defence yesterday argued over the status of the Official Gazette in the treason case before Magistrate Chandra Sohan.

Mr. Anil Nandalall, who is associated with Special Prosecutor Sanjeev Datadin, contended that the magistrate can take judicial notice of its contents, once it was not tendered in evidence.

But Mr. Roysdale Forde, for the Defence, submitted that the tendering must be done by a witness and not by other counsel, as part of the case for the Prosecution is that this Government was lawfully elected.

Another argument by Mr. Basil Williams, lead counsel for the Defence, surrounded whether the Common Law Offences Act (CLOA) included Guyana or referred only to other Commonwealth countries.

However, Magistrate Sohan ruled that Guyana is a territory of the Commonwealth in which the legislation is applicable.

Nandalall will continue making submissions on Tuesday, seeking to have political activists Mark Benschop and Phillip Bynoe committed to jointly stand jury trial for treasonable acts of:

· conspiring together with other persons to forcibly and unlawfully enter the compound and premises of Office of the President (OP) in Georgetown last July 3 and

· being present, also encouraged others, by words and conduct, to unlawfully overtake and storm the same OP compound and premises.

During yesterday‘s proceedings, another Defence Counsel, Mr. Mortimer Coddette complained about the page three story in Stabroek News of October 31.

He said the report leads the public to believe that the matter is a one-sided affair.

According to him, when the Defence made no-case submissions, nothing was published in that newspaper.

Meanwhile, more cross-talk among the lawyers led to another interruption yesterday, with the magistrate taking a 45-minutes adjournment and a woman spectator ejected from the courtroom because of her conduct.