Magistrate rules on privileged information issue
Stabroek News
February 12, 2003
Assistant Commissioner of Police Leon Trim completed his testimony yesterday in the Preliminary Inquiry into the charges of treason against Mark Benschop and Phillip Bynoe.
The proceedings were adjourned on Monday when defence attorney Mortimor Coddett sought to elicit information from Trim, which the prosecution deemed privileged.
At that time Coddett had argued that where information had come into the possession of a government department, by the exercise of statutory powers to obtain information, its disclosure was not prohibited.
The prosecution had countered that the defence was not entitled to such information at a Preliminary Inquiry and further, such information could not be elicited in the lower court, which is without such powers of examination.
The Magistrate in rendering his decision on the point yesterday noted that in the lower court such information would indeed qualify as being privileged and the witness, if he so wished could assert privilege. Referring to Cross and Evidence (Seventh Edition) and Archbold (1997) in support of his ruling, the magistrate noted that exception lay where the production was required to establish innocence in a criminal trial.
While Coddett sought to argue that the whole point of calling on Trim as a witness was to extract information to show Benschop was innocent of criminal charges, the magistrate noted that the operative words were criminal trial, which he explained the Preliminary Inquiry was not.
The prosecution declined to cross-examine Trim, and Charles Smith, the first defence witness, returned to the stand and was subjected to further cross-examination.
When the prosecution completed their examination, Coddett requested an adjournment, citing that Smith was a witness of lead counsel Basil Williams, who would re-examine him tomorrow. Williams was absent at yesterday's hearing. The matter continues tomorrow.
It is now 212 days since July 15th, the date when charges were instituted against Benschop and co-accused Phillip Bynoe, who is still at large, wanted by the police.
