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.
Ahemm ahemm. Ashes cold. Dog lie down.
Who do they think they are fooling. Bynoe would have been rotting in jail for WHAT!
Pardon…….for what? What a scandal!!…….so dispecable.What about justice for Benschop and the time he was made to serve,in his struggle for a democratic Guyana.hilarious
pardon for bynoe hw can you pardon some one who has not gone on trial and found guilty. wat a thing . yes guyana this is another circus in town. i hope roger got pardon too because he did beter when he used he resources to do his masters biddings. laughing stock of the caribbean that wat we r with politician ridding de massses without saddle.
it just deflection from stinking state things r in . somethings to send tongue wanging. and the show goes on . wat will be the next joke .come actors do you thing the clown is in town it is xmas time. we poor guyanese.
Quote ” 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”
This topic generated a lot of interest but as usual we plunge headlong into
PPP / PNC politics, plus of course the many staunch supporters who could
only see one side, TOOK THE OPPORTUNITY TO VOICE THEIR UNDYING
SUPPORT.
1. that there was a protest demonstration has been established
2. that some people died has been established
3. that the police sought judicial opinion and interpretation before laying charges
should be well know (but do you posters really know that?)
4. that the treason charge laid was unique in the history of Guyana should be
well known ( but do you posters really know that ?)
5. that Benschop was a thorn in the side of the PPP after he left that party is
a well known fact
6. that the Government used all means to punish Benschop is a well known
fact
7. that behind the scenes negotiations at a very high level finally led to the
Government relenting and freeing Benschop is a little known fact
8. that the Presidential pardon was the best way to get the government out
of its behaviour and punitive attitude to a former party member is a little
known fact
9. that the closure of this despotic action against two people, mildly involved
in proper protests which unfortunately went awry, is long overdue.
There is no need to praise the President.
He did the politically correct thing to end this government fiasco.
The opinions given that led to the charges were incorrect and based on
poor fact presenation.
Now move on to Hinckson and discharge him…..NOW !
on Hinkson…I HOPE NOT, ever.
You are ABSOLUTELY CORRECT.
Any posthumous pardons.Sure some Bloggers may have some suggestions.As a boy,I always had to “beg pardon”,or else….Do not know very much about the President’s pardon,but has now learnt something from the Canadian Veecock’s explanation.Very informative.
The political charade continues !
A bad idea an a disgrace to the system of justice in Guyana. Lives were lost. What about the victims?This felon on the run should have been incarcerated for 50 years.As for Corbin,who is he to be consulted about a pardon.His regime was the worst to grace the nation.
Well, at least no member (or a member of their family) of this regime was executed for conveying that country’s nuclear secrets to the enemy; and, 1964 – 1992 was not like 9/11!
Hello GEORGIA! The question is – Who to trust!!!; and, we get the bigger and brighter pictures of the scenarios. But for the Pawns… we cannot see the Kings and Queens.
BALGOBIND- HACKETT,,,WHAT IS YOUR POINT, my father died 9/11, and you don’t have the faintest idea who goes on top. Take a WALK on the wild side.
some bloggers fail to understand democracy can be overthrow…take for instance Bangkok ..Thailand.