-High Court motion for hearing today
Ex-Guyana Defence Force officer Oliver Hinckson was further remanded when he appeared before Magistrate Gordon Gilhuys in the Georgetown Magistrate’s court yesterday but his lawyers have filed a bail motion in the High Court and a hearing is set for today before Justice Jainarayan Singh Jr.
Hinckson, who has been charged with advocating the commission of a terrorist act and uttering seditious statements, appeared in court around 9.56 am yesterday, dressed in a suit and tie. Attorney-at-law Nigel Hughes, on behalf of the legal team representing the accused, immediately made an application for bail. He argued that Hinckson’s speech contained nothing to incite any terrorist act and he definitely did not commit any such act.
Hughes said that according to the law, intent must be proven, followed by an actual act. He further stated that it must be proven who was incited to commit the terrorist act and so far the prosecution is yet to identify witnesses in the matter.
As regard the charge of uttering seditious statements, Hughes said it was a bailable offence.
Police Prosecutor Robert Tyndall objected to bail citing the nature and gravity of the charge; the same grounds alluded to by Prosecutor Denise Griffith on Tuesday. He also said that Hinckson was a serious flight risk considering that the charges are against the state and if granted bail he may flee the jurisdiction.
When asked by the magistrate if the police would not have mechanisms in place to ensure Hinckson remained here, Tyndall replied, “I don’t think so your worship,” much to the amusement of those in court.
In response to Tyndall, Hughes said the “demonstrated history” of the defendant proved that he was not a flight risk. Hughes told the magistrate that Hinckson was granted bail on charges before this same court and did not flee the jurisdiction then and as such would not do so now.
Tyndall rebutted that the matters differ and that Hinckson’s previous charges were not as grave as the present ones and were not against the state.
Hughes argued that neither gravity nor seriousness was valid and he has heard nothing from the prosecution that proved the defendant would not show up in court.
Magistrate Gilhuys pointed out to Hughes that the accused has a matter pending in his court and was now once again facing charges.
He also said that if the charge carries a custodial sentence the accused could be refused bail.
Gilhuys then remanded Hinckson to prison and advised the prosecution to seek advice and be ready for the next hearing.
After failing to secure bail in the Magistrate’s Court, Hinckson’s lawyers filed a motion in the High Court just around 2:45 pm. Chief Justice Ian Chang subsequently referred the matter to Justice Singh.
Meanwhile, at the Magistrate’s Court earlier, a small but vocal crowd held a short protest. The protest started inside the court compound, but the protestors were escorted outside.
They then blocked the way of the prisoners’ van when it was about to leave with Hinckson and had to be removed by the police.
Jesuit priest Father Malcolm Rodrigues, who was present at the Magistrate’s Court, told reporters that he was there to offer support to Hinckson.
He said that he had made statements similar to those made by Hinckson and could not therefore understand the charges against the accused.
Former talk show host Mark Benschop, who was also at the court, said dialogue happens in every country, in the light of similar occurrences as those happening here and no one should be discriminated against for exercising their freedom of speech. (Melissa Charles)
