At this hearing the prosecution contended that the evidence established a prima facie case and that the defence’s submission ought to be overruled. Delivering his ruling, Magistrate Sohan said that evidence was led to show that the Defendant Mark Benschop was born in Guyana and therefore is a citizen of this country who owes allegiance to the State of Guyana. The Magistrate went on to rule that on the evidence adduced by the prosecution through Mr. Goocool Boodhoo (Chief Election Officer) that the People’s Progressive Party/Civic (PPP/C) was declared the winner of the 2000 general and regional elections held in Guyana, and by virtue of those results, Mr. Bharrat Jagdeo was elected the President of the State of Guyana and until the High Court or other Court reverses or overrules that declaration, President Jagdeo remained the elected President of the Republic of Guyana.

Magistrate Sohan observed that it was the evidence of three witnesses that the co-accused Phillip Bynoe spoke about overthrowing the present Government. And further, the prosecution led sufficient evidence to show on 3rd July 2002, Bynoe was part of a procession along the East Coast and that he continued in the procession despite being advised by the Police that the gathering was unlawful. Noting the significance of both accused being at the same place at the same time, the Magistrate said that from the evidence a witness places Bynoe at the gate of the Office of the Presidential Complex, on New Garden Street, signaling or directing persons in the procession to go in whilst, at the same time, co-accused Benschop was on the same street with the aid of a loud-hailer telling others to “break down the gate, go in and take over, the guards cannot shoot”.

That evidence, Magistrate Sohan said, appeared to put Benschop and Bynoe at the same place at the same time and they appeared to be in a conspiracy. Based on the totality of the prosecution’s evidence the Magistrate stated he was persuaded that a sufficient case was made out to refer the indictment to the assizes.

Following the ruling Benschop was called upon to lead a defence, and, Attorney at Law Basil Williams representing co-accused Benschop indicated his intention to call witnesses at the next hearing. In an unsworn statement from the dock Benschop maintained his innocence of the charges.

Mark Benschop and Phillip Bynoe are jointly charged with treason with the prosecution alleging they conspired with others to forcibly and unlawfully enter the compound of the Office of the President, in Georgetown, and on July 3, 2002, were present at that place where they encouraged others, by word and conduct, to storm the premises.

In a solicited comment by the Daily Chronicle, Attorney at Law Sanjeev Datadin, leader of the prosecuting team, said that he found Senior Magistrate Sohan’s ruling to be consistent with the evidence adduced by the prosecution. And, that the prosecution, at all times, maintained this case is not frivolous, but one that has a strong foundation in both law and evidence.