Another dispute between Prosecution, Defence in treason case

Guyana Chronicle
February 7, 2003

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ANOTHER dispute arose, between Prosecution and Defence, when the preliminary inquiry (PI) into the treason charge against political activist Mark Benschop resumed before Magistrate Chandra Sohan yesterday.

This time, it was over documentation Police Crime Chief Leon Trim was asked to produce as a witness for the Defence.

The Assistant Commissioner had just been sworn to testify when attorney-at-law Mr. Anil Nandalall, who is associated with Special Prosecutor Sanjeev Datadin, interrupted and objected to the witness producing notes he made in the file which was sent to the Chambers of the Director of Public Prosecutions (DPP) for advice before the capital charge was instituted.

Other attorney-at-law Mr. Mortimer Coddette, for the Defence, had made the request that Trim make available, to the Court, his report to the DPP.

But Nandalall said one of the DPP’s functions is to disseminate information on orders of the State, including the Guyana Police Force but any such transfer between the chambers of the DPP and the Police should be confidential and is protected by law.

Coddette disagreed, saying confidentiality only applies to a lawyer and client relationship, not among State entities like the DPP’s chambers and the Police.

Therefore, Trim, who is a public officer, cannot be prevented from making related public disclosures, said Coddette, adding that the State could not charge a person with treason and withhold information that might aid the acquittal of the individual.

The issue was still being ventilated at the Bar when the adjournment was taken to Monday, February 10.

Earlier, Magistrate Sohan had ruled that Datadin and Nandalall can continue prosecuting in the case because they also had a fiat from Acting DPP Roxanne George.

Coddette took objection to the lawyers on the other side Tuesday, contending that, with the resignation of DPP Denis Hanomansingh, their authority derived from the latter to prosecute had expired and a new appointment to the post could not be made because the Judicial Service Commission (JSC), which appoints the functionary, is non-existent.

Benschop is jointly charged with fugitive from justice Philip Bynoe and the allegation against them is that they conspired together with others to forcibly and unlawfully enter Office of the President (OP) compound in Georgetown and were present and encouraged the others, by word and conduct, to storm the premises on July 3 last year.

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