Witness absent, hearing adjourned to January 8
Stabroek News
December 18, 2002
The absence of second defence witness, Charles Smith, yesterday forced the adjournment of the Preliminary Inquiry into the charges of treason against Phillip Bynoe and Mark Benschop.
The hearing is now fixed for continuance on January 8 after the presiding magistrate, Chandra Sohan, told lawyers from the defence and the prosecution that something very urgent had come up requiring him to be out of the jurisdiction for the next two weeks.
The prosecution were to continue their cross-examination of Smith when the hearing resumed yesterday, however the carpenter failed to appear, the reason for which was unknown to lead counsel for the defence, Basil Williams.
The hearing on Monday had been abruptly adjourned by the magistrate when, according to him, Benschop, who was standing in the prisoner's dock, mouthed an obscenity towards him. When the magistrate pronounced the adjournment, Smith, unbeknownst to everyone else, said that he would be out of town and would be unable to attend the proceedings.
Williams told the magistrate yesterday that he had been unaware of this and while he conveyed to the court that fellow defence attorney Mortimor Coddett had lodged a summons for the appearance of the acting Crime Chief, Leon Trim, it could not be verified if the summons had been served on Trim.
When he was asked for an adjournment to today, the magistrate informed that owing to a matter which came up very urgently, he would be leaving the jurisdiction, possibly as early as today.
Williams lamented what he said was an unusual development and the fact that Benschop would continue to languish in jail.
And while the magistrate noted that he had earlier met with the Chancellor and Chief Justice who had directed that his leave be deferred until the hearing was completed, he said something very urgent had arisen which required his immediate attention. He further observed that the period he was leaving for was significantly shorter than the 13 weeks he is entitled to.
A former television talk show host, Benschop is jointly indicted for the capital offence of treason along with Bynoe. Two wanted bullets have been issued for Bynoe, police however have yet to effect an arrest.
