By Sara Bharrat
After months of deliberations in several courts, sedition accused Oliver Hinckson was granted bail yesterday by Principal Magistrate Melissa Robertson-Ogle in the sum of $1 million on the charge of advocating the commission of a terrorist act.
Police Prosecutor Robert Tyndall made his first submission to the court yesterday morning by announcing that Special Prosecutor Sanjeev Datadin would be absent from the proceedings. He further informed the court that the prosecution was ready to proceed with the firearm matter that Hinckson is charged with.
It was initially noted by defence attorneys Vic Puran and Clifford John that the Hinckson matters were transferred from Court Two to the Principal Magistrate’s court without the defence being informed. Further, John submitted his application for bail in the advocating a terrorist act matter.
Mark Waldron, another of the defence counsel, informed the court that the defence was also ready to proceed in the firearm and ammunition case if indeed the prosecution was finally ready to proceed.
However, Puran stated to the court that the Hinckson matters cannot be transferred until it is clear that Magistrate Gordon Gilhuys is no longer the magistrate for Court Two. “You cannot deal with this matter unless or until you pronounce that Gilhuys is no longer the magistrate,” Puran said.
Magistrate Ogle attempted to reply to Puran’s statement by informing the counsel that the court would accept his objection. Puran promptly said, “It is not an objection since the basis for the transfer (of the case) does not exist”.
“You cannot just decide that a matter has fallen into your lap and you will hear it,” Puran further explained. Two of the Hinckson matters, he said, were already substantially heard by Magistrate Gilhuys and the transfer of these cases to the Principal Magistrate’s court is unlawful.
“It was done not on a court day, no hearing was afforded to Mr. Hinckson and no reason has been given to him for this transfer,” Puran submitted to the court. He reminded the court that Magistrate Gilhuys is still the sitting magistrate for Court Two. Magistrate Gilhuys is presently being investigated by the police in connection with the shooting of a cop on Woolford Avenue two weeks ago. As a result he has not been presiding in his court.
Puran further said that the fact that the Hinckson case has taken its present course means that the state can no longer proceed with the matter.
At this point Magistrate Robertson-Ogle invited Puran, John and Hilary Lashley-Bobb to approach the bench. Defence counsel Nigel Hughes, Leslie Sobers and Roger Yearwood were also present.
After a prolonged discussion, Hughes in his submission to the court said that last Friday the
defence met with Chief Justice (ag) Ian Chang and “vigorous arguments took place”. The delay of the Hinckson trial was discussed, he said, and it was advised that it be given priority. August 11 was set for report on the progress of the case.
Hughes also requested that the prosecution commence the case with or without the special prosecutor Datadin.
Police Prosecutor Tyndall again requested the court to adjourn the matter to the earliest date. According to him, the file for the terrorist and sedition cases were in Datadin’s possession and he would be unable to proceed without them.
He further informed the court that Major Best was present as one of the prosecution’s witnesses for the firearm and ammunition matter.
On a final note Tyndall said, “Datadin always putting me in this” before he again requested the matter be adjourned to the earliest date.
Hinckson was granted bail and his matter was adjourned to July 24 when the trial for the
advocating of the commission of a terrorist act charge will commence.
On his last court appearance Hinckson 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 that he was being kept in the cell for 23 ½ hours each day and had only seen the sunlight once in six days. Hinckson also told the court that if someone is kept in such confined conditions, “incommunicado”, then it is a crime.
Hinckson was charged on March 11 for 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.
