President Bharrat Jagdeo yesterday announced a pardon for treason accused Phillip Bynoe, almost six years after he allegedly led a violent protest march on the Office of the President (OP) that resulted in the death of two people.
Bynoe, who has been on the run since the July 3, 2002 incident, had 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, while his co-accused Mark Benschop, who turned himself over to authorities, received a presidential pardon last year while awaiting a retrial.
A statement released by the OP last evening said that acting in accordance with the powers granted to him under Article 188 of the Consti-tution, President Jagdeo has “granted a free pardon to Mr Phillip Bynoe.” The statement added that Bynoe has 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.
Yesterday, President Jagdeo met Opposition leader Robert Corbin to provide a briefing on climate change. Corbin, who promised a fuller statement on the meeting, when asked whether the Bynoe pardon had been discussed, said he had not heard of the announcement and had no comment to make on it.
Last August, President Jagdeo had granted a pardon to Benschop, who had been in prison while awaiting a second trial after the first ended in a hung-jury. He had been imprisoned for five years. Although Bynoe has successfully eluded law enforcement authorities, there have been numerous reports over the years of sightings in Linden and other locations.
At the announcement of the Benschop pardon, Presi-dent Jagdeo was asked whether he would extend a pardon to Bynoe. He replied in the negative, saying he would have to face due process of the courts.
Benschop had also written to Jagdeo, who said he felt the former talk show host had learned 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.”
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.
Anyone try what they tried right here in the US, they would both be Resting In Peace! for better or for worse! right or wrong! That’s the bottom line.
Bro, the US is a democracy; Guyana is a dictatorship. Apples and oranges here.
what you saying we had big protest here when america invaded iraq and no one was arrested, and even if people got arrested they were released the next day, during the dnc several protester were arrested by the nypd on bogus charges and they were taken to court and they were vindicated and nyc had to pay them.
At one point in history Guyana operated under the rule of law; now it operates under the rule of the president. And maybe that is not a bad thing as, if applied evenly across all sectors of the population, it may allow those who now feel marginalized to regain a semblance of confidence in the system. But then honesty is called for in such circumstances and all must agree that this is what takes place under a dictatorship.
My Fellow Guyanese,
Permit me to make a few observations.
1. A pardon can only be granted to a person CONVICTED OF A CRIME.
2. Philip Bynoe was not convicted of a crime.
My questions therefore are:
1. What is the true nature of Jagdeo’s decision to grant this “pardon” to Bynoe?
2. Will Bynoe still have to face a judge now that he only has a “political pardon”?
All I am saying is that something is rotten in Denmark er GY!!!
He want everybody to say he is a nice Preseeeeeeeeeeeee.DENT.
There are two ways in doing things, the RIGHT way and the WRONG way!
You are a very brilliant fellow,,,where were you alll the time…the last man that was straightup got jail for treason….
I KNOW THAT YOU ARE NOT ON AMERICA S MOST WANTER WHERE IS THE REST OF YOUR FACE.
So now, who is gonna pay for the deaths of those two people?
Macky in the greater scheme of things,they were expendable and like many others who will come after, easily mislead.
so true, so true.
What a load of trash…..it does’nt take much to impress the supporters of this madministration,ha ha ha ah,they talk about dictatorship.and it is right in their faces and they can’t recognise it,where else in the world would you hear of such rubbish,and people accept it,what is this guy being pardoned for?When was he sentened,ha ha ha ha ha,he ho ho he he really gat ayu good…..OW…democrazy!!
i wonder where bynoe hid,who helped him,who posted his letters if he was in hiding,so many questions,i had a gut feeling he was an agent provocateur when the simple questions are answered then one can understand the rational of a presidential pardon,apart from china ,guyana is the only country where citizens could be killed for protesting,did anyone ever hear of the orange revolution,or right now the protest taking place in thailand, if that happened in guyana by now we would have ran out of burying space.
I also heard the agent provocateur theory. That would explain the whole charade. People used to claim to see Bynoe walking around freely in Linden all along while he was “Wanted”.
Benschop’s comments (on telly last night) certainly seem to support this theory.
come one guys if we are truly guyanese and love our birth country…then lets all stop be negative to those who live and suffer there ..we need to show love and encourage each other to think posotive and try to move on for betterment…pray that our mother land can be better with the leaders who ever it be..and our people can live peacefully with true love and pure harmony……we are here only passing through this world….not by colour or race,,,but by our action…..lets all help with some kind words…let not look back at the past as that is history..lets all look forward to the future….if we keep looking back as to who did what ..then we are heading in the wrong directio…hope i did ont offend any one…..peace is the journey and love is the ticket….
I second that
poppy show as usual
SN would be possible for you guys to post the laws of guyana or give us a site where we can look it up?
Moderator’s note: Copy and paste the link below into your browser. When it opens, click on whichever law you wish to look up. http://www.gina.gov.gy/gina_pub/laws/tableofcontents.pdf
thank you but why you do not post my comment and you post all of the other that are worst than mine. i have a feeling this is personal i think you know who i am but i see you soon