No-case submissions overruled, Benschop called upon for defence
By Andre Haynes
Stabroek News
December 3, 2002
Magistrate Chandra Sohan yesterday overruled no-case submissions made by lawyers for Mark Benschop who will now lead a defence as the Preliminary Inquiry into the treason charges against him and co-accused Phillip Bynoe continues.
Following nearly one month of deliberations, the magistrate, in the delivery of his ruling, found that a prima facie case had been established against Benschop, whose lawyers, led by attorney Basil Williams, are expected to begin the case for the defence tomorrow.
A former television personality Benschop stands indicted on the charge of treason along with former Linden Power Company employee Phillip Bynoe.
The particulars of the charge states that contrary to Section 318(a) of the Criminal Law Offences Act (CLOA), Bynoe and Benschop, between Saturday June 1st and Wednesday 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.
It is also alleged that they (A) conspired together with persons to forcibly and unlawfully enter into the compound and premises of the Office of the President (OP);
(B) Were present at and encouraging others by words and conduct, to unlawfully overtake and storm the OP compound and premises.
It is now 140 days since Benschop was held by police for the charge. He was indicted just four days after answering to other charges stemming from his alleged involvement in the July 3 storming of the OP Complex. He stands jointly charged for those offences, along with twenty other persons, including Bynoe, who has yet to be arrested since the incident, though two warrants have been issued for his arrest.
While the defence in their no-case submissions had argued that the necessary ingredients of the charge were not established and therefore a prima facie case had not been made out by the prosecution, the magistrate found otherwise. He further noted that he found a "case was sufficient to commit Mark Benschop to stand trial before a judge and jury, on the evidence as charged."
Afterwards, he presented Benschop with the options available to him, that being, to remain silent; to give an unsworn statement to the court; or to give a sworn statement in the witness box after which he would be subject to cross-examination by the prosecution.
Benschop, giving an unsworn statement to the court, maintained that he was "innocent of the political charge."
Following his statement, lead counsel for the defence, Basil Williams, told the court that the defence proposed to call several witnesses and requested tomorrow as the date for commencement. And while unable to say how many witnesses would give evidence, he assured that the defence would not be as long as the prosecution in completing their case.
The magistrate acceded to his request and fixed tomorrow for continuance.
Attorneys Sanjeev Datadin, Anil Nandalall and Darshan Ramdhani make up the special prosecution team for the Director of Public Prosecutions (DPP) while Mortimor Coddett, Emily Dodson, Carol Martindale-Howard, Raphael Trotman, Roysdale Forde and Williams are the attorneys for the defence.
Yesterday's hearing went on amid heightened security, which saw barriers preventing entrance to the courthouse while a company of police officers took up positions in the courtroom. The crowd which had gathered outside the barricades yesterday grew agitated at the continuous arrival of police ranks, many of whom were heavily armed. And as Benschop was rushed out of the courtroom and into the waiting police van, which sped away, the crowd was sent into disarray by an apparent firecracker explosion.
The crowd quickly dispersed at the sound of the explosion, which radiated a few feet from the entrance to the court. Another explosion followed shortly afterwards, even after the barricades had been removed.
