The lawyer, presenting the petition for granting pre-trial liberty to the remanded prisoner, declared that the case has created a serious blotch on the jurisprudence of this country.

Williams said the Prosecution did not prove that Benschop killed anyone or interfere with anyone's property, enter Office of the President (OP) compound or was ever in possession of any offensive weapon to commit a breach, not even a match stick.

Williams said Benschop has been locked up because of his views.

"This is not a good augury for our democracy, to imprison persons for their beliefs,” the lawyer declared before the adjournment was taken to today.

Benschop has been on remand since being jointly charged with Philip Bynoe for the capital offence and his wife, Maria Benschop is petitioning for his freedom, on the ground that the preliminary inquiry (PI) has been unreasonably delayed.

But the opposing side has dubbed the application misconceived and bad in law.

Williams said the answering affidavit, filed by attorney-at-law Mr. Sanjeev Datadin and sworn to by Police Crime Chief Leon Trim, contains bald denials not worthy of a reply.

Nevertheless, Williams applied for and was given leave to respond to it.

Benschop’s wife alleged that the continued absence of Magistrate Chandra Sohan amounted to unreasonable delay and constituted an abuse of the Court process.

Trim, though, swore that the magistrate was not deliberately nor maliciously absent but was ill and, accordingly, the delay was reasonable and not abusive of the procedure.

The Deputy Commissioner of Police (Law Enforcement) also said that, assuming but not admitting the Court has jurisdiction to grant bail for the capital offence, the petitioner has advanced no compelling reason to justify it.

Trim pointed out, too, that the PI into the charge continues today, as well.