Magistrate wrong to grant Hinckson bail - Chief Justice

In a twist of events yesterday, sedition accused Oliver Hinckson was granted $1 million bail for the conspiracy to commit a terrorist act charge. Bail was granted by Principal Magistrate Melissa Robertson-Ogle.

However, late yesterday evening, the High Court ruled that the decision by the magistrate to grant bail on that charge was in contravention of an earlier High Court ruling.
Chief Justice Ian Chang, on a previous occasion, had ruled that Hinckson would not be granted bail on the conspiracy charge.

The announcement of bail in the Magistrates’ Court came moments after his lawyers argued that it was unlawful for the matter to be transferred to that court and to be presided over by the Principal Magistrate, having already been started in another court. Defense counsel Vic Puran, who led the defense team, told the magistrate that it is unlawful and a grave injustice for the matter to be transferred.

Puran argued that the matter has been substantially part-heard by Magistrate Gordon Gillhuys and it would be unfair for another magistrate to preside over the matter. It was further noted by Hinckson’s attorney that the transfer was not done on a court date assigned to the accused. No hearing was afforded to the accused; no reason was given for the transfer; and further, Mr. Gillhuys is still the sitting magistrate, the defence argued.

“This court cannot usurp trial over Mr. Hinckson unless this court is satisfied that he is properly before you (the court),” Puran argued. He further pointed out that the fact that the case has taken the course it has means the state is unable to proceed.

“Instead of frankly coming out and saying that they (the state) are unable to proceed with the matter, they have assigned this matter to Your Worship…It is against that backdrop that we, the defense team, will make a bail application.”

Meanwhile, another member of the defense team, Nigel Hughes, managed to secure bail to the tune of $100,000 in the High Court on the sedition charge.

Hughes further informed Magistrate Robertson-Ogle that it was only at yesterday’s court hearing in the High Court that they were made aware that the matter had been transferred. He said this was brought to their attention by a representative of the Office of the Director of Public Prosecutions, Ms. Sonia Joseph.

Hughes said that, having been told this, he immediately enquired about the methodology used in transferring the matter. He added that the issue of the delay in the case was also brought before Chief Justice Ian Chang.

“Now, Your Worship, given this present circumstance, there will be a further delay,” Hughes said.
He added that the Chief Justice, after granting bail on the sedition charge, instructed the Police Prosecution to speed up the trial for the conspiracy to commit a terrorist act. It was also brought to the court’s attention that the Chief Justice has set August 11 for the prosecution to report on the progress of the matter.

Having said that, the defence team said, they were prepared to go ahead with the conspiracy to commit a terrorist act charge against Mr. Hinckson.

However, the Police then informed the court that special prosecutor Sanjeev Datadin, who was assigned to the matter, was not present in court, and as such asked for another date.
To this the defense team said that the words of the Chief Justice should be fulfilled, and that the matter should be heard despite the absence of Mr. Datadin.

After listening to the arguments, Magistrate Robertson-Ogle said the matter will be called again on July 24.

To date, Hinckson’s defense team has managed to secure bail for the offences for which he is currently before the court. For the arms and ammunition charge, Hinckson was granted bail to the tune of $85,000; and for the sedition charge, he was granted $100,000 bail.

Why didnt he come out and speak about Dataram and the murder accused who was granted bail recenlty. Double standard.

The magistrate apparently made a ruling without first consulting with the Chief Justice or the High Court, which ahd already gotten involved in the case. Maybe this was because this magistrate was substituting for Gilhuys, off the bench pending a criminal investigation, and not fully familiar with the procedure to follow.

However, even if the CJ opposed the bail being set, I don't read where he ruled to revoke the bail and keep Hinckson incarcerated.

I think we have to wait for more information before we can fully appreciate why the CJ felt bail was in contravention of an earlier High Court ruling.

I think I can trust this CJ's rationale for decisions he makes, as he has bailed a double homicide accused waiting 8 years for a trial date. I am sure he is aware, as in this double homicide case, the Hinckson case is also suffering from a lack of readiness by the prosecutors to proceed with their case.

Hinckson has another court date on July 24, so let's see what happens.

Why doesn't Carl Singh look into expediting trials and stamping out corruption in the justice system? Defendants are left to rot in jail. Why didn't he comment on the dictatorial decision by Jagdeo against Channel 6 TV? Under his watch, the judicial system is nothing more than another political vehicle to stifle PPP critics.

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Originally posted by Spice Girl:
Why doesn't Carl Singh look into expediting trials and stamping out corruption in the justice system? Defendants are left to rot in jail. Why didn't he comment on the dictatorial decision by Jagdeo against Channel 6 TV? Under his watch, the judicial system is nothing more than another political vehicle to stifle PPP critics.

He is just another cog in the wheel, he is part of the PPP cycle. His position is merely to keep the ruling of the judiciary under control and under the umbrella of the Pee Pee.

quote:

Originally posted by Spice Girl:
Why doesn't Carl Singh look into expediting trials and stamping out corruption in the justice system? Defendants are left to rot in jail. Why didn't he comment on the dictatorial decision by Jagdeo against Channel 6 TV? Under his watch, the judicial system is nothing more than another political vehicle to stifle PPP critics.

I'm sure he would, but just would be accused of "rushing judgement", especially if some of the afros/PNCites are snared in the process. Then it's reason to loot and burn.

They want to keep the man in jail like benschop, years and years without a trial and then hung jury. They want to break the black man's spirit then turn him lose when he old and bruck up. I fail to see how hinckson committed a crime by giving a speech. Likely they have no evidence and just harrasing the man.

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Originally posted by Benford:
They want to keep the man in jail like benschop, years and years without a trial and then hung jury. They want to break the black man's spirit then turn him lose when he old and bruck up. I fail to see how hinckson committed a crime by giving a speech. Likely they have no evidence and just harrasing the man.

I think the PPP has picked the wrong man to do a Benshope to. Burnham was afraid of Hinckson and according the PPP supporters here Burnham was a tyrant. I do not think the PPP can handle Hinckson if he decides to go really bad, especially like how the PPP has walked away from Roger Khan. Can you imagine Roger Khan being found not guilty and being allowed to come back to Guyana? Can you imagine this PPP government having to handle a pissed off Roger Khan , who I am sure is sitting in a US prison thinking the PPP betrayed him and a now an angry Oliver Hinckson?

Akbar, good thinking but that would not happend, RK got the money,Hinkson go the military mind. Hinkson would never bring himself to be a RK stoogie.

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Originally posted by Marilyn:
Akbar, good thinking but that would not happend, RK got the money,Hinkson go the military mind. Hinkson would never bring himself to be a RK stoogie.

Marilyn, don't over do the do gurl. Money talks, BS walks.

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Originally posted by Marilyn:

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Originally posted by baseman:

quote:

Originally posted by Marilyn:
Akbar, good thinking but that would not happend, RK got the money,Hinkson go the military mind. Hinkson would never bring himself to be a RK stoogie.

Marilyn, don't over do the do gurl. Money talks, BS walks.

Fuh some, Hickson got guts why you tink Jadgeo wants him in jail? Hickson would walk the walk; unlike RK he would pay his surrogate to perform his dirty work.

Ok, but as I said, don't over do the do.

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stoogie.

Oh how the YSM Graduates clamoring for a PPP Disaster. Keep on DREAMING LOOSERS!!!!

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Originally posted by Marilyn:

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Reply

When you talk about over do, I cannot over do anything when I speak about a government that has no shame and that is highly unprincipled

Maybe true, it's unfortunate they have such a low benchmark and trailblazer to go by, very unfortunate.

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Originally posted by Dave Matrix:
It is a quiet sunny summer Sunday morning in the hood and Nehru is being attacked by PNC Goons. Normally, on Sunday morning these goons come out to play.

great, tell Nuhru to dive for cover, its a late sunday evening for me.

quote:

Originally posted by baseman:

quote:

Originally posted by Dave Matrix:
It is a quiet sunny summer Sunday morning in the hood and Nehru is being attacked by PNC Goons. Normally, on Sunday morning these goons come out to play.

great, tell Nuhru to dive for cover, its a late sunday evening for me.

Baseman, Nehru, knows all too well of these systematic attacks…Goons in the mornings.collie-crab-dags at nights and PHD graduates/YSM in the day.