Following the events of July 3, which resulted in the deaths of two persons at the OP wanted bulletins had been posted for Benschop and Bynoe and warrants subsequently issued for their arrest. However, Benschop appeared before the magistrate last Thursday and was charged with forcible entry; aiding, abetting, counselling and procuring the committal of the forcible entry; riotous damage to property; and taking part in an illegal procession. Bynoe is yet to be found.

According to the particulars of the treason charge, contrary to Section 318 (a) of the Criminal Law Offences Act (CLOA), Bynoe and Benschop between June 1 and July 3 of this year, being citizens of Guyana and owing allegiance to the state of Guyana, formed an intention to overthrow the lawfully elected Government of Guyana by force. During the said period, in furtherance of the aforesaid intention, they allegedly:

(A) Conspired together with persons to forcibly and unlawfully enter into the compound and premises of the OP;

(B) Were present at and encouraged others by words and conduct, to unlawfully overtake and storm the OP compound and premises.

Appearing for Benschop were attorneys Basil Williams, Mortimer Coddette, Roysdale Forde, Shaun Allicock and Raphael Trotman.

Williams submitted that there is a large mass of the Guyanese population that feel discriminated against, marginalised and oppressed, and see the only useful mechanism to air their grievances as the form of protests. "And they have a constitutional right to protest, so as to peacefully air their grievances in keeping with the democratic culture."

However, from the very nature of the charge, he inferred, "It is clear you don't want the voices of the masses to be heard." Making reference to the various footage broadcast by television stations, Williams submitted that it was clear Bynoe had been calling people out of the OP. He described the charge as a dangerous precedent, since nobody in the country could lawfully prevent people from assembling to air their grievances.

Williams said it was the duty of the prosecution to offer some insight into the basis on which the charges were laid.

Obliging, Police Prosecutor, Police Inspector Gordon Peters told the court that during the month of June the accused were speakers at public meetings held at several East Coast villages and the Well Site, Mandela Avenue. During those meetings statements were made where the sole intention was overthrowing the constitutionally elected government of Guyana. And further, on July 3, they urged persons by words and conduct to unlawfully storm the OP.

Williams disputed that his client had ever been at any public meeting with Bynoe.

Coddette said that Benschop's freedom and life were at stake and making reference to the six-week trial of Rabbi Washington, stated that it was important to know when proceedings would commence. Considering that the charges were given priority, he declared that the attorneys would be looking for a start before Friday of this week.

Also making submissions, Trotman declared that it was a sad day for the country. He said that conspiracy could not be built on what is said at public meetings.

Trotman also related that the minister of Home Affairs had called the president of the Bar Association last Thursday, to complain about the presence of an attorney at the police station. Coddette had accompanied Benschop to Eve Leary following his re-arrest. Trotman submitted that the police had no right to alert the minister as to the attorney's presence, nor did the minister have any cause to make complaints.

Forde meanwhile described the charge as a very disturbing development. Citing Archbold's Criminal Pleading: Evidence and Practice, Forde submitted that "a mere rising or tumult is not treasonable." And further, "that they conspired to forcibly enter or unlawfully enter the OP is a ridiculous element of the charge since mere entry is not sufficient to qualify treason in any event," he concluded.

The prosecutor requested three weeks to prepare for the commencement of proceedings. But the magistrate ruled against this and set next Tuesday as the date for the commencement of the preliminary inquiry. Bail was denied Benschop.

As he was being escorted out of the court there was a loud scream in the overcrowded courtroom. And as he left the compound of the Magistrates' Court, one of the police officers escorting him became the target of verbal abuse by some in the crowd. Seemingly agitated at the sight of the officer carrying a rifle, people hurled racial slurs at the officer, which were succeeded by shouts of "Jagdeo!"

Following Benschop's exit the crowd slowly dispersed.