Head of the Presidential Secretariat, Dr. Roger Luncheon, yesterday stated that the calls in the media for action in the treason charge against Mark Benschop have gained Cabinet's attention.
He added that those who pretend that it was an inconsequential, trivial occurrence not warranting the application of the full course of the law are deluding themselves.
Dr Luncheon stated that it must be recognised from the background to the case that it was serious.
“Undoubtedly, this invasion of the Office of the Head of State of the Republic of Guyana parallels the mutiny and the invasion of Parliament in our sister CARICOM country, Trinidad and Tobago .”
“Death and destruction occurred during both events,” he added
Luncheon stated that the timing of the incident, which coincided with the annual conference of the Caribbean Community (CARICOM) Heads held in Guyana , prompted the issuance of a statement on the situation in Guyana in which they abhorred the happenings and called for respect of the law.
Luncheon, however, acknowledged the deficiencies in the present state of the Criminal Justice Law system saying, “It has had many, including Benschop, languishing in jail awaiting their trials.”
He also said that the recent appointment of more judges and magistrates is a drive to correct the situation and clear the immense backlog of cases.
Talk show host and political activist Mark Benschop is currently listed number 13 on the official list of about 100 individuals set to be tried at the Demerara Assizes of the Supreme Court this session.
Benschop, who is charged with the capital offence of treason, is awaiting his second trial at the High Court. He has been imprisoned since a first trial ended in a hung jury in 2004.
At the January sessions, Benschop's name was listed at number 13 on the list of Justice Claudette La Bennett but was never heard. Previously, his name had appeared at number 16 on the list of Justice Jainarayan Singh.
He was charged jointly with Philip Bynoe with attempting to overthrow the Government on July 3, 2002.
Bynoe, to date, remains un-apprehended, and Luncheon indicated that the amendments to the Criminal offences legislation today, seeking to make it an offence punishable by law to harbour criminals, should aid in the capture of Bynoe.
The two allegedly incited some 3,000 demonstrators who were protesting discrimination against Guyanese of African descent by the governing People's Progressive Party (PPP), joblessness and extra-judicial killings by a notorious anti-crime police unit.
Two protesters were killed in the incident when police opened fire. More recently, Benschop began protesting his lengthy detention in prison and the State's apparent unwillingness to try him by declining any offer of food.
According to his attorney, Llewellyn John, Benschop is complaining that not only is his trial being delayed, but the matter does not allow for him to be at liberty.
John had also stated that the team of lawyers is concerned that though Benschop should be given a priority hearing, the State has shown no interest in prosecuting him.
According to a writ filed by Benschop's lawyer, Llewellyn John, Justice B.S Roy recused himself, on July 10, 2006, from hearing a motion he, John, filed requesting that Benschop be granted a speedy trial, or alternatively, released on bail.
The decision by Justice Roy was based on the fact that he had already given a decision in a related matter involving the treason accused. In an affidavit in support of a motion filed yesterday, Benschop claimed that his name was listed for trial before Justice William Ramlal at the current criminal sessions as number 13.
“Since that listing as number 13, other cases have been called up for accused persons as far down as number 31 on that listing,” Benschop's affidavit stated.
The affidavit claimed that Benschop continues to be unlawfully incarcerated since July 2002. This motion is to be heard in Bail Court before Justice Rishi Persaud on June 4.
Benschop has requested to be present during the hearing and is seeking an order directing the Superintendent of the Georgetown Prison to facilitate this.