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First witness cross-examined in Hinckson terrorist act PI

The first witness was cross-examined in the preliminary inquiry (PI) into the advocating a terrorist act charge against Oliver Hinckson in the Georgetown Magistrate’s Court yesterday.

Officer-in-charge of the Serious Crimes Investigations Unit within the Criminal Investigation Department, Trevor Reid, was cross-examined yesterday morning.

Before cross-examining Reid, defence counsel Nigel Hughes submitted to the court several “observations”. On top of the list was the fact that Hinckson was taken to court yesterday with shackles on his hands and feet. The defence counsel said this “is not in keeping with Hinckson’s right to receive a free and fair trial” and requested that they be removed.

After the shackles were removed, Hughes reminded the magistrate that on the last occasion that they were before the court she had signed a warrant for Hinckson to be remanded to the Georgetown Prison.

On August 15 at approximately 8 pm, the attorney said, his client was removed from the prison and taken to Police Headquarters, Eve Leary, then to the Brickdam Police Station and finally to the La Grange Police Station.

Hughes further reminded the court that when the remand warrant was signed his client was left in the sole custody of the Georgetown Prison and it was unlawful for the police to have moved him from there.

“Information has come to hand that his life is in danger,” Hughes told the court. He added that no reason has yet been given for his client being “moved around”. The defence counsel described this as an “…attempt to intervene and impact upon the trial.”

If the police wanted to question Hinckson, Hughes stated, they needed to go to him. He further said that an ancillary effect of moving his client around was that Hinckson was placed in a cell with a prisoner who was suffering from tuberculosis. Hughes said he was concerned about this since the disease was a highly contagious one.

Finally, Hughes submitted to the court that his client had been placed in solitary confinement for 22 hours every day and was only allowed to see sunlight for two hours daily. “We believe that this is an attempt to subject him [Hinckson] to cruel, unusual and undue punishment,” Hughes said.

On one of his previous court appearances, Hinckson had told the court that he had been “locked down in solitary confinement, incommunicado, in a strong cell which is located down by the dungeons” for a number of days. He said he was being kept in the cell for 23½ hours each day and had only seen sunlight once in six days. Hinckson also told the court that if someone was kept in such confined conditions, “incommunicado”, then it was a crime.

In response to these submissions State Prosecutor in the Hinckson matters, Sanjeev Datadin, told the court that it was the first time he was hearing about these circumstances and they would be investigated. With regard to Hinckson being kept in solitary confinement Datadin said the statute that governs the prison allows the authorities there to make such determinations and neither the prosecution nor the court had any say in the matter.

Hinckson’s attorneys also made another application for bail to Acting Chief Magistrate Melissa Robertson-Ogle.

According to Hughes, the petition made before Chief Justice Ian Chang in July was withdrawn and therefore no longer existed. He explained to Magistrate Robertson-Ogle that no other court could now claim to have before them an application for bail and that the petition made in July would have no effect on any new application or granting of bail made currently. Therefore, he said, he was making a new application for bail to be granted to his client.

The date set for the matter to continue is next Monday. Hinckson’s guns and ammunition case should also be addressed on that day.

Justice William Ramlal on July 14 had dashed Hinckson’s hopes of pre-trial freedom when he granted a motion against him being admitted to and released on bail, filed by the Attorney General’s Chambers that morning.

Justice Ramlal had ordered that a rule nisi of certiorari be directed to Magistrate Robertson-Ogle for her to show cause why a writ of certiorari should not be granted quashing her decision to admit Hinckson to $1 million bail on a charge of advocating a terrorist act.

The judge also ordered that a rule nisi of prohibition be directed to Director of Prisons Dale Erskine for him to show cause why a writ of prohibition should not be issued prohibiting him from releasing Hinckson on the magistrate’s order.

Hinckson’s lawyers had filed a counter-application, which was heard before Justice Ramlal on the morning of July 15. Magistrate Robertson-Ogle had granted Hinckson bail on July 11.

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.

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17 Responses to “First witness cross-examined in Hinckson terrorist act PI”

amen-ra
on September 4th, 2008 7:16 am

Is justice really blind, only in guyana can this nonense be tolerated

[Reply to this]
Badlall
In reply to the above comment on September 4th, 2008 7:48 am:
That is what this PPP govt do to Guyanese that have a different opinion than theirs….like Stabroek News ….Olive Hinckson………..Yesu Persaud ……to name a recent few.

[Reply to this]
colt45
In reply to the above comment on September 4th, 2008 9:54 am:
Badlall, if the PPP jailed everyone who has a difference of opinion, the prisons will be overflowing. Hinckson was allegedly seditious whilst fineman and his gang was running rampant in the country and that is a quite serious offence. He came to court in shackles and some cried foul, the same ones who advocated shackles when there were recent escapes by prisoners. So be realistic, man.
fineman /ak47
on September 4th, 2008 8:27 am

to the above jusitce is dump in my contry
not blind,, now the only way could an police ,officer, remove an remanded inmate from the prison after that person is send to prison an admitted to prison is with an court order call production order that sign by an, magistrates ,if their was done sign in this case then something is wrong with our prison , the rception at the prison open from 0800.am to 430 pm that mean no admission after 0430 pm in reguard of the solitary confinement of this person who is charge with an high profile charge they have two cells that call the strong cell but not the solitary ,they could have place him in their ,this aera house inmate thats , get their food from out side , but they go in this aera in the morring an remove befour the day is out , the man can still get some sunlight ,if they want to give him ,i no that for sure

[Reply to this]
Arnold
on September 4th, 2008 9:24 am

Shame, ………….still have political prisoners?
When we will be able to show the World that Guyana is still,
—————-LAND OF THE FREE—————–

[Reply to this]
Travis Kyte
In reply to the above comment on September 4th, 2008 10:56 am:
Surely not under this Government .

[Reply to this]
bishnu R
In reply to the above comment on September 5th, 2008 4:07 pm:
was it better under the last government?
think/remember.

briantee
In reply to the above comment on September 4th, 2008 10:26 pm:
The PPP is using strong arm tactics on anyone that dare to stand up to them
What utter disregard to freedom

[Reply to this]
UltimateW
In reply to the above comment on September 5th, 2008 4:52 pm:
You sure you’re not talking about Forbes Burnham !! ??
DRUGB
on September 4th, 2008 9:56 am

Note that ever since Hinckson’s incarceration the criminal empire has begun to crumble. Fineman and Skinny, alleged mass murderers have been unfortunately killed. They could have provided valuable information as to who was behind the criminal organization responsible for the spectacular robberies and murders over the past few years. I don’t believe Hinckson is as innocent as many of you seem to think.

[Reply to this]
simon harry
on September 4th, 2008 10:26 am

why am i not surprise at the trash that is going on . you don’t share the PPP.C view they are going to punish you with some trunph up charge, and make no mistake they have the network to do so . from some judges to the two biggest bandits (in my view ) henery green and dale erskine .Mr Oliver Hickson i pray you stay strong and don’t let them break you it is plain for the world to see what is happening to you , but there is a god keep the faith .
simon

[Reply to this]
Travis Kyte
on September 4th, 2008 10:55 am

It seem as though Oliver Hinckson too will have to spend five years in prison, applogise to the President, then get pardoned. Good going Guyana.

[Reply to this]
bgsbny
on September 4th, 2008 6:28 pm

…… is it beyond the realm of reasoning to hypothesise that perhaps the lynch pin
is no longer available to hold the fort,,,,,, !

[Reply to this]
bluegrass
In reply to the above comment on September 5th, 2008 9:36 am:
the criminals had no guidance, their leader is away in prison, this was their demise,
they are now dead the others will.

[Reply to this]
guy123
In reply to the above comment on September 8th, 2008 5:37 am:
bluegrass,what are you doing in the US? The GPF needs you in Guyana,think of how useful you would be with your crimesolving skills.
Arnold
on September 6th, 2008 12:35 pm

Sr bluegrass,
Me nah bin no da !! ann meh defenn da maan suh mucch………………

Taank yu fuu lyte uup mee buulb !!!…………………

[Reply to this]
evileyes
on September 8th, 2008 8:59 am

yuh all must be reminded that free speech comes with consequences-hinckson is now suffering the consequences of his idea of free speech and should not get his hot shot lawyer to say how sick he is

[Reply to this]