Benschop’s Constitutional case adjourned to July 9
By George Barclay
Guyana Chronicle
June 24, 2004
THE ruling in the Mark Benschop Constitutional case in which the treason accused is asking the Court to quash his indictment on the ground that he had been unlawfully imprisoned by deliberate delays by Justice Jainarayan Singh, has been put off to July 9, 2004.
Justice Beasraj S. Roy was to have ruled in the matter on Friday, June 18, 2004, but on that day, the judge disclosed that he was still awaiting further information from lawyers in the case, and therefore could not conclude his judgment. The new date for ruling was fixed for July 9, 2004.
And, Justice Jainarayan Singh, who has been accused of delaying tactics by deliberately holding up the ruling in the Georgetown prisoners prohibition case, in which Benschop’s lawyer Mr. Benjamin Gibson was granted leave to intervene, yesterday blamed Gibson for holding up the ruling by refusing to present a submission to the Court in accordance with directions from the judge.
Justice Singh, it will be recalled, was hearing a complaint by prisoners under a writ of certiorari and prohibition, seeking to prevent the Director of Public Prosecutions and the Registrar of the Supreme Court from listing for trial the names of Benschop and others who had recently been committed, in preference to those persons, who had been committed long before Benschop and others.
Following the granting of a nisi order restraining the respondents – the DPP and the Registrar -- from listing the just-concluded committals for hearing as against those who were committed years ago, Mr. Gibson sought permission to intervene in the matter as an interested party, on the grounds that Benschop was being denied a fair trial within a reasonable time.
Following two-and-one-half days of legal arguments, Gibson convinced the judge that he had a right to intervene and his application for intervention was granted.
Apart from the pleadings, each of the counsel representing the prisoners, the DPP, the Supreme Court Registrar, and Mr. Gibson representing Benschop, were ordered by the judge to make final submissions to the Court by a certain date.
According to reports from the Court, all the lawyers involved, with the exception of Gibson, forwarded their submissions, but the failure of Mr. Gibson to make his input held up the ruling.
Since then, Mr. Gibson has since gone to two Courts seeking to have the matter before Justice Jainarayan Singh thrown out on the grounds that utterances of the judge gave the impression that “Benschop’s case will never be heard and that he would be incarcerated for ever”.
Further hearing in the matter involving Mr. Jainarayan Singh is fixed for tomorrow afternoon.
Judge Jainarayan Singh told the Chronicle yesterday, “I have gotten submissions from Ms. Manickchand for the applicants (prisoners); Mr. Ramjattan for the DPP and Mr. Doodnauth Singh, S.C., for the Registrar. I am waiting for Mr. Gibson’s submissions.”
At the last hearing, Mr. Gibson had asserted that the order of his Honour Mr. Justice Jainarayan Singh dated September 26, 2003 prohibiting the Director of Public Prosecutions from presenting the indictments of inter alia, Martin Rodrigues, Leslie Tappin and Mark Benschop was an unlawful and illegal Act.
But the Attorney General, Mr. Doodnauth Singh, S.C. for the respondents (the Registrar and the DPP) said in his reply that Benschop’s lawyer was abusing the process of the Court.
Noting that Mr. Gibson had appeared before Justice Dawn Gregory-Barnes, with a similar complaint and that that matter had been dismissed, the A.G. pointed out, “The applicant now appears before His Honour with a similar application to have the delay of Mr. Justice Jainarayan Singh condemned. This is a blatant attempt by the applicant to circumvent the process of the Court by again enticing an order in his favour, when one has already been given on the same matter against him.”
Ms Doodnauth Singh later added, “This application is premature, misconceived and frivolous and should be dismissed with costs to the respondents.”
In replying, Mr Gibson had said, “The procedure is unknown. The result of the utterances made by Justice Singh is that Benschop’s case will never be heard and he will be incarcerated for ever.”