State Prosecutor Sanjeev Datadin’s application to reopen the Oliver Hinckson advocating a terrorist act preliminary inquiry (PI) was denied yesterday.

Datadin was specially appointed to prosecute the Hinckson case by the state. On June 11, following the state prosecutor’s absence, an application made by the defence for the Hinckson case to be closed was granted. Datadin on June 16 applied for the case to be reopened so that he could be allowed to present his final witnesses to the court.

Acting Chief Magistrate Melissa Robertson yesterday denied Datadin’s application citing a series of reasons taken from law cases to support her decision. She further noted that Datadin’s absence from court proceedings on June 11 to attend the Supreme Court, where he was filing an application against her, was disrespectful to the court.

On June 16 Datadin had admitted in the Georgetown Magistrate’s Court before Robertson that he was absent on June 11 because he was filing the High Court application against her. Datadin had filed an application with regard to evidence Robertson had earlier ruled inadmissible in the Hinckson case. His application in that matter was dismissed on Monday.

Defence attorneys Nigel Hughes and Gregory Gaskin were present at yesterday’s proceedings. Hinckson, an ex-army officer, was charged on March 11, last year with uttering seditious statements and advocating a terrorist act. The charges stemmed from a statement he made at City Hall on February 11, 2008.

The PI has been adjourned to July 13 when the magistrate will rule on the no-case submissions made by the defence.