-bail hearing set for March 25
Justice Jainarayan Singh Jnr yesterday granted the Attorney General (AG) seven days to file an affidavit in response to the motion filed by Oliver Hinckson’s lawyers.
Meanwhile, Hinckson was returned to prison pending a bail hearing at the High Court on March 25, two days before his next appearance in the Magistrate’s Court.
State Counsel Naresh Harnanan, representing the AG, had asked for 14 days to respond to Hinckson’s mot-ion, but Justice Singh said that was too long. AG Doodnauth Singh, who was present in court, then advised Harnanan to request seven days instead. This was granted by the judge.
Justice Singh then set March 25 for bail hearing for Hinckson as opposed to March 18, which had been requested by attorney-at-law Nigel Hughes, one of the man’s lawyers.
The motion seeks a declaration that Hinckson’s statements, made on February 1 at a press conference at City Hall, are not in contravention of any laws of Guyana and are consistent with his right to free speech in expressing concern over matters of national interest.
The motion further seeks a declaration that the detention of Hinckson for his utterances is “unconstitutional and a breach of the fundamental protected right of freedom of movement as guaranteed by the Constitution of the Cooperative Republic of Guyana.”
It seeks damages in excess of $10 million for breach of the plaintiff’s right to free speech and expression of his thoughts. It also addresses costs, interest and any other order the court may see as justifiable.
The motion contended that Hinckson did speak at the City Hall on February 1. However, the words of the speech amount to nothing more than his analysis of the prevailing situation in Guyana after the Lusignan massacre and was in no way an attempt to incite any act of terrorism alleged by the charge against him, it says.
The motion contends that the analysis in the said statement differs from the opinions of the government and that Hinckson was arrested because he is an African Guyanese, with a different political opinion, conscience, belief and culture to that of the present Government.
Further, that the arrest of Hinckson infringes his fundamental rights to freedom of speech and is contrary to Article 149 of the Constitu-tion of the Republic of Guyana.
Outside the High Court, a small band of protestors bearing placards with statements such as “the crime is in high places” and “stop the senseless killing”, walked to and fro until about 20 minutes after the hearing was over. This was a quieter version of the protest action earlier this week at the Magistrate’s Court when Hinckson had appeared before Magistrate Gordon Gilhuys.
The Hinckson case has attracted national attention and opinions from many in society.
The PNCR had earlier expressed alarm at the “flimsy” arrests being made and said it “will not sit idly by and allow elements of the Guyana Police Force to trample on the human and constitutional rights of its supporters and other citizens.”
The Guyana Human Rights Association had expressed “deep dismay” at the charges against Hinckson.
In a release, the GHRA said “the sedition charge is mean-spirited and runs contrary to the spirit of efforts to heal the nation.”
Hinckson returns to the Georgetown Magistrate’s Court on March 27. (Melissa Charles)
