Oliver Hinckson has been detained in the United States for an interview with that country’s Homeland Security officials.
Attorney-at-law Nigel Hughes informed Acting Chief Magistrate Melissa Robertson yesterday that his client had been granted permission by Acting Chief Justice Ian Chang to leave the jurisdiction for “health purposes”.
According to Hughes, he had made an application to Justice Chang seeking permission for Hinckson to leave the country to seek medical assistance in the USA since he suffered from a heart condition. The order was granted on November 12, Hughes said, and his client departed the following day.
The attorney apologized for Hinckson’s absence at yesterday’s proceedings.
According to Hughes, when Hinckson arrived in the US his passport and ‘Green Card’ (Permanent Resident Card) were seized by Homeland Security. The reason for this, Hughes explained, was because his client had not travelled to the US for a lengthy period of time.
While the attorney acknowledged that he did not possess professional knowledge on US immigration matters he said he understood that once issued a ‘Green Card’ the holder must be present in the US for approximately 183 days each year. Hinckson failed to do so because of his recent incarceration.
The lawyer explained that Homeland Security could call upon the ‘Green Card’ holder, who failed to meet this requirement, to provide reasons why the card should not be revoked or to account for the extended absence.
Hinckson will be interviewed by Homeland Secu-rity officials on December 13, Hughes said, when it would be decided whether Hinckson would be allowed to keep his ‘Green Card’. He would be able to return to Guyana after keeping that appointment.
Further, Hughes reported that he is also awaiting Justice Chang’s decision on a second application which he filed seeking an extension of the original time granted to Hinckson.
Homeland Security documents were submitted with the application and an affidavit in support of these documents, which Hughes said he swore to himself, attached.
Special State Prosecutor, Sanjeev Datadin, was absent from yesterday’s proceedings and Hughes requested that a court date be set for report on the continuation of the Preliminary Inquiry (PI) into the advocating a terrorist act matter.
His application was subsequently granted and December 19 was set for report. Hughes is to submit copies of his High Court application to the magistrate before this date.
Meanwhile, on October 16, Acting Chief Magistrate Robertson had ruled that the notes from the diary of Detective Corporal Suraj Singh were inadmissible as evidence in the PI into the advocating a terrorist act charge against Hinckson.
Datadin had applied to the court for an adjournment after the magistrate had given her ruling.
He had stated that he would need time to decide whether the remaining evidence to be given by Singh, his last witness in the PI, would be admissible.
However, lead defence attorney Hughes told the court that “it appears as if the [prosecution’s] case is so challenged that they may need some time to decide whether or not they should discontinue the matter”. If that was the case, Hughes said, the defence would have no objection to the adjournment.
After further discussion, during which the magistrate suggested that Datadin take a few minutes to sort out his next course of action, the request was granted and the matter adjourned to October 21.
However, there were no proceedings on that date and the matter was adjourned to yesterday’s date.
Hinckson was charged on March 11 with advocating the commission of a terrorist act and uttering seditious statements.
The second charge stemmed from a statement he made during a press conference at City Hall.
The old saying time is longer than rope one of these days some of the people who are a part of the plot to put this man away will endure a lot of what they never bargain for sometimes in the prime of our lives we never stop to think of our next generation that is going to follow us and things they will pay for that was done by the generation before us in Guyana today there are so many people who are on top and think all is well ,but as old age steps in and the grip of power leaves like many before us i do hope powerful and mighty now make wake for the weak and lack of health they will endure in their last days on earth ,when you sow you reap a bountiful harvest Mr Hinkson will be ok .
Hence “GENERATIONAL CURSE”. Well said my dear.
You are sure rite whatever you sow you will reap
In Guyana today there are some people who THINK they are on top,but it is becoming more evident every day that they are at the bottom of the ladder,it is time for them to wake up and smell the coffee!!
Mr Hinkson will be fine,this system is known for detaining people who are against it so,they(US) should understand why he overstayed his time in Guyana,lets wait and see what will play out!!!
Wow, thats bad news.
Yep, yep. I always say this. what u sow. u sometimes don’t reap. ur children and grand children would.
Hope that he is well taken care of, because a lot of his Advocates are there, should be helped in all ways in these trying times..
they will help him alright…they better do help him out….he needs them now more than ever….
Wow being a permanent resident and getting arrested in gt and not being present in the u.s.a for six months equals an interview with homeland security, nice way to go, i hope everything works out for mr. hickson.
….good new for them who think theycan stay in guyana with their green card and nothing would happen……oliver !……..stay strong……..your health comes first!!
So you think you sitting pretty good eh?
Oliver will get through this easily.
The man has character and will survive.
Just you watch.
Don’t know how this comment reaches here, it was ment for “Driver packed suitcase”- cocaine accused told court.
It’s all good Arnold, all good,,, everything has a place here.
Guyanese are once again reminded that a ‘Green Card’ is a privilege, not a right! US Immigration officials are known to have seized immigrants cards at ports of entry because they traveled too many times in one year, have no records with Social Security and Inland Revenue that they are working and paying taxes. US citizenship is what is neded to avert this embarrassment!
That said, I am interested in knowing why the US Homeland Security, a different arm from the US Customs and Immigration, has detained Oliver Hinckson? USCIS, not USHS, normally deals with immigrant issues, unless USHS knows he is a high risk Green Card holder because of his specialized military training at Sandhurst.
Did the Guyana Government inform the US authorities of Hinckson’s expected arrival in America and that Hinckson was locked up for four months or sedition and terrorism charges? If so, the US authorities will react to this! But there is no evidence of sedition and terrorism charges against Hinckson. That’s why he is free!
since sep 11, 2001, homeland security has headed up us immigration. everyone is screened throughly. now when you appy to sponsor an individual for a visa, the application and process is sent to homeland security, us immigraion ……..
My thoughts too. (Note: The DHS is not an extension of ICE). ‘Green Cards’ (Alien Registration Cards) are the concern of ICE.(Immigration and Customs Enforcement). The DHS (deal with ’security’ not immigration issues) had to be notified by “someone” that Mr. Hinckson was a person who should receive ’special treatment’ by placing him on a ‘watch’ list. After looking at his travel records and finding that his absence from the US violated the conditions of the ‘green card’ it referred to ICE to investigate and determine whether he should be allowed to continue in that status. This should mean that DHS found no reason to investigate him further.
In any case they usually don’t revoke persons ‘green cards’ unless there is evidence that that person is a danger to the US interests etc., He should be OK to continue in that status. He has to be careful in the future about his absences from the US. He should apply for permission to spend extended times away from the US.
This is a classic example of the deviousness of his persecutors and the lenghts to which they’ll go!!!
US customs and Border Protection is an arm of The Department Of Homeland Security. Just as Immigration and Customs Enforcement (ICE) is another arm.
FYI the USCIS is an agency under the Department of Homeland Security (DHS) and not USHS as you called it.
The allegation of terrorism or an alleged terrorist is a serious one and I don’t believe that GOG has to inform DHS of Mr. Hinckson. I believe the US embassy in Georgetown serves a purpose outside of issuing and denying visas.
Now what is perplexing to me is the Judiciary System in Guyana. There is an allegation before the Courts of this “alleged” terrorist and he was granted bail. Nice Job Justice Chang.
MR Hinkson is in serious trouble since a green card can be taken away for so many reasons-Being before the court for such a serious crime is extremely detrimental to him.
Iwish him the best
Oliver will be O.K. the law makes provisions for his defense, his case comes under the heading of “POLITICAL PRISONER”, it is well documented, and he will be given a waiver once applied for, it’s just paperwork. We will see to it,,,not to worry, he is of the family.
now as i see it, oliver hinckson is about to loose his pr status, he would have to explain to the us authorities why he was not present in the us, and after explaining the facts of his absence( which they already knows about) his pr status will be revoked because he has already breached his status conditions, one being absent from the us for a prolong period and second being charged for an offence.
ont be ridiclous, you think the US government don’t know whats happening here?? they have been following his case and he will get his Green card in his Green passport back..so relax.
Interviewed by Homeland Security?…mmmm. Why not immigration officials?…mmmm. I wonder!?!?
Somebody from the Homeland Security here musse call there and thats why they held him………….one plus one equals to too………….lol