`I, Phillip Bynoe, was guilty of trying to solve Guyana’s problems through antagonistic approaches and that was wrong’

Pardoned treason accused Phillip Bynoe yesterday admitted that he used the “wrong approach” in attempting to solve the country’s problems and has vowed to use his energy, “God-given talent and intelligence” to work with like-minded persons to ensure that Guyana emerges a better country.

“I, Phillip Bynoe, was guilty of trying to solve Guyana’s problems through antagonistic approaches and that was wrong,” Bynoe told Stabroek News yesterday when contacted by telephone.

Expressing remorse for what happened on July 3, 2002 when the Office of the President (OP) was stormed, which resulted in the deaths of two persons, Bynoe said that violence and street protests should be removed from the bargaining table when attempting to deal with issues that affect the country.

On Monday President Bharrat Jagdeo announced that he had pardoned Bynoe, almost six years after he had led a violent protest march on OP.

He has been on the run since then, but has been writing to the President over the last year, expressing remorse while appealing for clemency. The former leader of the People’s Solidarity Move-ment was charged in absentia with the capital offence. His co-accused Mark Benschop, who turned himself over to the authorities and was incarcerated for five years, received a presidential pardon last year while awaiting a retrial.

Mark Benschop

Contacted by Stabroek News, Benschop yesterday called on Bynoe to apologise to him and his family, especially his nine-year-old son, who has suffered the most from his five years in prison. He said he hoped his former co-accused found it in his heart to apologise to him for the horrible experiences he had in the Georgetown Prison where he spent most of his time in solitary confinement.

Emphasising that he is not bitter but rather hurt, Benschop commented that he found Bynoe’s pardon “suspicious” coming at “this time.” He noted that he had always, from the inception, maintained his innocence as he had nothing to do with the events of that day and yesterday he labelled it as a “set up” to have “innocent people slaughtered.

Many folks knew from the beginning that what transpired in front of Office of President I had nothing to do with it.”
‘Relieved’
Bynoe told Stabroek News that when he heard the news of his pardon his reaction was like any “normal human being” as he was relieved, pleased and happy. He said during the six years he has had the charge hanging over his head, he had a lot of time to put things into perspective especially from the political arena. He described the time as “fulfilling” in many ways as he had a lot of time to concentrate and study. “Being out in the forest [his only revelation about where he was during those years], generally I got a more precise understanding of the issues affecting the country,” he said. This was aided by the fact that his vision was no longer blurred by other issues, he said.

In a statement issued on Monday evening, OP said that acting in accordance with the powers granted to him under Article 188 of the Consti-tution, President Jagdeo “granted a free pardon to Mr Phillip Bynoe.” The statement had added that Bynoe had been writing to the President since 2007, applying to him for a pardon. “In his appeals, Mr Bynoe informed the President about his remorse over the incident; the invasion of the [OP], and the destruction of public property. He also recognised that the event was an attack on a democratic institution of the state and not directed at the President.”

Under Article 188 1 (A) the President has the power to grant any person concerned in or convicted of any offence under the law of Guyana a pardon either free or subject to lawful condition.

Last August, President Jagdeo had granted a pardon to Benschop, who had been in prison awaiting a second trial after the first ended in a hung-jury. He had been imprisoned for five years. Bynoe on the other hand, successfully eluded law enforcement authorities, though there have been numerous reports over the years of sightings in Linden and other locations.

Describing the treason charge as not an ordinary one, Bynoe told Stabroek News yesterday that he was not in “hiding” during the six years; he preferred to say he was “not living in society”. According to Bynoe, in his letters, he told the Head of State that whatever Guyana’s problems were he admitted that they could not be solved by the way he was going about it before he was charged. “I said better ways should be found and exploited, ways that don’t involve antagonistic actions such as street violence and street demonstrations, they should be removed from the bargaining table.”

He said there was one essential problem affecting Guyana, which he did not spell out, but added that once it was solved the country would make “rapid strides” as all of the other problems would be addressed and Guyanese overseas would “run back home in droves.”

Stating that he was never a man to be feared by anyone, Bynoe said that while he had antagonistic approaches he was “completely against violence”.

According to him, during his street demonstrations he had special squads whose job was essentially to identify and extract troublemakers who were bent on doing “bad things” such as robbing and beating people. He made mention of one example where a group of men had left the demonstration and robbed someone of a gold chain on Avenue of the Republic and his men had not only caught them and handed them over to the police but they had also returned the chain to the victim.  However, he admitted that some of the marches were violent but said that was because troublemakers joined and one could not always control who joined.

The march from the East Coast on July 3, 2002 was the largest he had every helmed and while he could not say what led to the violent scenes in front of OP he hinted that it could have been the size of the crowd.

‘His right’
Asked about the fact that Benschop spent five years in prison before being pardoned while he did not spend a day behind bars, Bynoe said he accepted that Benschop would have gone through “not-so-good experiences” but Benschop would have to make a pronouncement on whether or not he had the raw end of the deal.

He said his time spent in “exile” saw him suffering some serious limitations. While he was quick to add that he could not compare that to what Benschop would have experienced, he said if Benschop felt angry at the outcome then that was “his right” and he would not be upset about such feelings.

At the announcement of the Benschop pardon, President Jagdeo was asked whether he would extend a pardon to Bynoe. He had replied in the negative, saying that Bynoe would have to face due process.

Benschop had also written to Jagdeo, who said he felt the former talk show host had learnt his lesson. The President described the decision to free Benschop unconditionally as a personal one, admitting that he still believed that both men were involved in the invasion of the OP. He said: “He [Benschop] was involved. I think he was and I have always said that they [Bynoe and Benschop] led those people here and caused two of them to lose their lives.”

He added of Benschop: “It has nothing to do with the judicial process. I feel he was guilty of misleading those people and bringing them here. I am exercising the presidential pardon and not a judicial pardon. The judiciary has the right to say he is guilty or not guilty but personally, I feel that he had a significant role to play.”

But yesterday Benschop said he had never written to the President and begged for a pardon. According to him, he had in fact replied to the President. “Unlike Mr Bynoe, I did not see it fit to apologise and plead. I would have rather rot in jail than to write to the President and beg. I was man enough to pay the price for the oppressed and for those who continue to be oppressed,” the former talk show host said.

He said he was now attempting to put the pieces of his life back together especially as it has to do with his son and marriage.  “My unjust incarceration has cost a lot to my personal life and I continue to put the pieces back together.”

‘Not news’
And Benschop said it came as no news to him that Bynoe has been writing to the President and sent emissaries as he knew they were in constant contact. He said the fact that Bynoe has apologised for what happened on that fateful day has cleared him as he has always said he had nothing to do with the day’s events.  He questioned how a free man could be pardoned, adding that there had been reports that Bynoe was seen on many occasions with his family and friends and even conducting business on his government-granted forestry concession.

“Jagdeo has a lot he is not telling the public,” Benschop commented and he called on the President not only to offer a public apology to him for his experience, but also to compensate him. He said he also wanted Bynoe to apologise for the “slaughter” of the two innocent persons. Benschop said what he found “amusing” was that Bynoe who has been mingling with his family all these years was “shamefully saying he had been isolated.

“Was it a deal between Mr Bynoe and the President? Let the public deal with that.”

According to the particulars of the treason charge, contrary to Section 318 (a) of the Criminal Law Offences Act (CLOA), Bynoe between June 1 and July 3, 2003, being a citizen 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, he allegedly: (A) Conspired together with persons to forcibly and unlawfully enter into the compound and premises of the OP; (B) Was present at and encouraged others by words and conduct, to unlawfully overtake and storm the OP compound and premises.