Attorney-at-law Mr Basil Williams filed the petition at the Supreme Court Registry yesterday.

In her supporting affidavit, the remanded prisoner's wife said, since he appeared in Court last year July, the PI has been marred by adjournments which have resulted in undue delays and his continued incarceration.

The petitioner said her husband has been languishing in jail without bail and feels that his constitutional right to an early hearing as well as to adequate time and facilities for the preparation of his defence have not been recognised.

There seems to be a deliberate attempt to detain him as long as possible, so that he is not free to publicly express views in accordance with his democratic right under the constitution, she charged.

Maria Benschop said, as a result of the recent unfortunate death of her husband's six-year-old son, in Queens, New York, under suspicious circumstances, there are urgent personal matters which require the father's attention but he cannot deal with them effectively in prison.

She is also asking for an order staying the continuation of the PI.

Treason accused bail application misconceived in law
-- lead Prosecution Counsel
THE bail application by treason accused Mark Benschop due to be heard in the High Court today is misconceived in law, according to lead Counsel for the Prosecution, Mr. Sanjeev Datadin.
JUSTICE Jainarayan Singh will preside at the hearing today of the application for bail by treason accused Mark Benschop.

In an invited comment, he said he was yesterday served with the application and felt that it was misconceived in law.

He, however, declined to elaborate further saying that the matter was before the Court.

Asked if bail can be granted for persons accused of treason while the Preliminary Inquiry was pending, he said his research had led him to two previous applications in Guyana where persons charged with treason had applied to the High Court for bail and in both instances bail was refused.

Legal sources indicated that magistrates were prohibited by statute from granting bail to persons charged with treason but the High Court had such jurisdiction.

The application for Benschop states that his Preliminary Inquiry was being delayed, but legal sources said that with the current circumstance and resources of the magistracy the hearing was being conducted with unusual alacrity.

The Preliminary Inquiry into the charges against Benschop commenced in August last year.

It was delayed recently because of illness of the magistrate who has chicken pox.

The Preliminary Inquiry is set to continue on February 7.