Treason inquiry further postponed
Magistrate has chicken pox
Stabroek News
January 18, 2003
The Preliminary Inquiry into the charges of treason against Phillip Bynoe and Mark Benschop was postponed again yesterday owing to the absence of presiding Magistrate Chandra Sohan.
Magistrate Sohan has been stricken by chicken pox, lawyers for the defence were told, and thus was unable to attend the hearing yesterday.
This prompted objections by lawyers for the defence who indicated that they would approach the High Court for bail for Benschop, the sole accused in custody.
Yesterday's proceedings were heard by acting Chief Magistrate Juliet Holder-Allen who made the disclosure based on information she had received from the Chief Justice, Carl Singh.
This is the second deferral for the year since the Inquiry was adjourned last December, when the magistrate left the jurisdiction to tend to urgent matters which he said required his immediate attention. The Inquiry was to have resumed on January 8, however attorneys for both the defence and prosecution were informed that the magistrate had still not returned and the hearing was to have resumed yesterday.
The Chief Magistrate said she had spoken with the Chief Justice and though she was not yet in receipt of magistrate Sohan's medical, she had been informed that his condition would last two weeks. She added that since one week had already elapsed he would be given one more week. The hearing is now fixed to resume on January 27.
Upon being informed of the magistrate's condition, lead counsel for the defence Basil Williams told the court that he had been in Berbice only on Tuesday and had been told by a magistrate there that magistrate Sohan had still not returned to Guyana.
The Chief Magistrate however affirmed that she had been told by the Chief Justice that the magistrate is at home.
Williams then proceeded to lament what he described as the oppression of his client by the administration of justice, commenting that Benschop has been taken away from his family and incarcerated.
He said there had been procrastination by the magistrate and issued a call to the DPP to withdraw the charges against Benschop, "and if the magistrate does not appear at court on the next [date], we will ask you to discharge the matter."
The Chief Magistrate interjected that while there may be merit in his pronouncements he was addressing them to the wrong forum.
She further said that he could seek recourse in the High Court.
Williams added that the defence would approach the judges in the High Court for bail. "His incarceration is troubling this nation and people should beware," he said.
Meanwhile, defence attorney Mortimor Coddett also voiced concern over the typing of the depositions, which he said should have already begun. He noted that he had made personal representations at the highest authority, the Chancellor, Desiree Bernard who had ordered that the depositions be typed everyday. He however pointed out that since the case has started documents have yet to be typed. This he described as foot-dragging by the administration and argued that should Benschop be committed to stand trial it could be another six months before the depositions are typed.
A former television talk show host, Benschop is jointly indicted for the capital offence of treason along with Bynoe, who remains at large. Two arrest warrants have been issued for Bynoe. Police however have yet to apprehend him. (Andre Haynes)
