Williams submitted that a prima facie case had not been made out by the Prosecution because, among other things, no evidence was produced to prove conspiracy, acting in concert or that could lead to treason.

He said, now that a defence has been led, the magistrate is in a better position to assess the testimony and should review his previous decision, which was cancelled, to send Benschop for jury trial.

When the magistrate has revisited the issues, he is sure the Court will come to the conclusion that a jury, properly directed on what was adduced by the Prosecution and the Defence, would inevitably free the prisoner, Williams said.

After Williams finished, Special Prosecutor Sanjeev Datadin was granted leave to reply tomorrow.

On the resumption yesterday morning,Williams, before closing the Defence, said he no longer wished to re-examine the witness Charles Smith.

Williams said the law requires the magistrate to look at the evidence presented by the Prosecution and Defence, as a whole, prior to making a determination as to whether a sufficient or prima facie case had been made.

Also relying on earlier submissions, Williams recalled that, at the close of the Prosecution, Benschop made an unsworn statement from the dock, in which he clearly denied any involvement in the action of persons who had entered Office of the President (OP) compound last year July 3.

Williams said that attestation by Benschop corroborated the case for the Prosecution in a material way, showing that the accused never damaged any property within OP, shot, robbed or stole from anyone and was not armed with any computer, gun or knife.

Noting that Benschop is jointly charged with Phillip Bynoe, Williams claimed the evidence shows that the two were not in touching distance of each other on that day.

Williams maintained, too, that there is no evidence of Benschop communicating with Bynoe or anyone else on July 3 or that even before then the duo ever communicated.

Williams remarked that, of the 21 who went into the OP compound, none was charged with capital offences, like Benschop, although he had done nothing.

According to Williams, the Prosecution has nothing on record to show that people in OP compound were attempting to take over the place.

He maintained there was no overt act of conspiracy or acting in concert and, therefore, Benschop cannot be properly charged with treason, as it is clear that no one saw Benschop in the OP complex and he was not armed that day.

Williams argued that the Prosecution has failed to prove that the people who entered OP had conspired with Benschop before entering or ever had any dealings with him.

Counsel said the evidence led does not amount to conspiracy nor acting in concert and is insufficient to affect a prima facie case against the accused who should be freed at this stage.

Benschop, who remains alone in the dock while Bynoe is at large, is co-accused of conspiring with others to forcibly and unlawfully enter OP compound in Georgetown and was present and encouraged others, by word and conduct, to storm the premises last year July 3.