Benschop to stand trial
Stabroek News
February 27, 2003
Former television talk show host Mark Benschop was yesterday committed to stand trial for treason at the next session of the Demerara assizes.
Magistrate Chandra Sohan committed Benschop to trial, finding that a sufficient case had been made out against him, after deliberating for one week.
Addressing the court after the decision was delivered, Benschop maintained his innocence of the charges and appealed for an early trial in the High Court. He said he was not surprised by the decision, and he proceeded to level a series of allegations about corruption and discrimination against the judiciary, the government, and the Stabroek News, addressing the near full courtroom for almost four hours.
Benschop is charged jointly for the offence along with former Chief Executive Officer of the Linden Power Company (LPC), Phillip Bynoe, who remains at large, and for whom two arrest warrants have been issued.
According to the particulars of the charge, "Contrary to Section 318 (a) of the Criminal Law Offences Act (CLOA), Bynoe and Benschop between Saturday June 1 and Wednesday July 3 of this year, being citizens of Guyana and owing allegiance to the state of Guyana, formed an intention to overthrow the lawfully elected Government of Guyana by force, during the said period, in furtherance of the aforesaid intention.
(A) Conspired together with persons to forcibly and unlawfully enter into the compound and premises of the Office of the President (OP);
(B) Were present at and encouraging others by words and conduct, to unlawfully overtake and storm the OP compound and premises."
Benschop was charged after appearing to answer other charges stemming from his alleged involvement in the OP. He was arrested and appeared in court four days later.
The treason charges were laid on July 15, and following numerous delays and preliminary objections, the Preliminary Inquiry commenced on September 23 when the State began their case. The prosecution led by Sanjeev Datadin and including Anil Nandalall and Darshan Ramdhani, completed their case exactly one month later on October 23. No case submissions made by defence lawyers, led by attorneys Basil Williams and Mortimor Coddett, were subsequently overruled by the magistrate, who found that a prima facie case had been made out against Benschop. Afterwards Benschop's lawyers elected to lead a defence and called three witnesses, Surujpaul Singh, Charles Smith and Assistant Commissioner of Police Leon Trim, before closing their case.
Handing down his determination immediately after taking the bench at 10:15 am yesterday morning, Magistrate Sohan considered all the evidence which had been led during the Preliminary Inquiry.
The magistrate said: "The court concludes that a case has been made out against Benschop... The witnesses called by the defence did not in any way break or reduce the significance of the evidence produced by the prosecution and when taken now as a whole, the finding of the court is that a case has been made out. A case sufficient to commit [to a] judge and jury. A trial has been established."
The magistrate further said that the testimony of one of the defence witnesses, Smith, did create doubt in his mind, when his evidence was compared to the witnesses of the prosecution.
"And doubt being created by that one witness is even more compelling [and] a jury should be the one to decide the truth..."
Asked whether he wished to add anything to the unsworn statement he had given when the magistrate had found that a prima facie case had been made out against him, Benschop began by first maintaining his innocence.
Having studied law, he said he saw numerous errors, and he described his committal as a miscarriage of justice, He said he was now a political prisoner.
"The accused is committed to stand trial at the next session and since bail is refused he is remanded to the Georgetown Prison..." the magistrate concluded.
Security was heightened around the environs of the Georgetown Magistrates' Court yesterday and persons were searched by police prior to entering the courthouse. Heavily armed police ranks, all clad in bullet-proof vests were positioned in and around the environs of the courthouse and there were even plain clothes officers in the courtroom. As the hearing proceeded a small crowd assembled at the barricades erected around the courthouse, shouting words of support for Benschop and hurling abuse at the prosecutors, the magistrate and the police. A heavily armed battalion watched on from nearby.
The next session of the Demerara Assizes is to begin in April.
