Lawyers representing Oliver Hinckson are to respond on October 7 to written submissions laid over to them on Tuesday by State Prosecutor Sanjeev Datadin in response to the defence’s objection on diary testimony.
As the Preliminary Inquiry (PI) into the advocating a terrorist act charge against Hinckson continues at the Georgetown Magistrate’s Court, there has been no bail decision despite legal efforts by the defence. The ongoing issue of granting him bail was not mentioned at Tuesday’s proceedings.
Mark Waldron, one of the lawyers representing Hinckson, informed the court that Datadin handed over his written response to their objection at the eleventh hour. He requested that the court adjourn the matter so that the defence may have some time to examine the written submission.
Last Wednesday, Detective Corporal Suraj Singh had taken the stand, for the second time, to give evidence about his diary from which the extract presented at the September 18 proceedings had been taken.
Defence counsel Nigel Hughes had objected stating that Singh could not be asked to refer to the diary or its contents since neither had been tendered as an exhibit. This is not permissible, he had said.
However, on Tuesday Waldron stated that he didn’t “believe” that the defence would have to make a response to Datadin’s written submission but if that was necessary he would do so on or before the adjourned date.
Acting Chief Magistrate Melissa Robertson-Ogle asked the defence to submit their address in writing, possibly on Friday if it was decided that a response should be made to the prosecution’s submission.
Datadin’s only request to the court was that if the defence responded to his submission on the adjourned date then he would like to respond orally to that response “right there and then.”
Further, Waldron asked the court when the gun matter involving Hinckson and James Gibson would commence.
“We’re focusing on the advocating and then we will focus on that,” the magistrate replied. The Hinckson/Gibson matter, she said, would be dealt with after they had completed the ongoing PI into the advocating of a terrorist act matter.
Hinckson’s attorneys made a fresh application for bail on September 8 but the magistrate had reserved decision until after September 24 due to proceedings before Justice William Ramlal in the High Court.
Last Wednesday when reminded of her decision the magistrate stressed that she had said after the stated date.
However, Datadin last Wednesday informed the court that proceedings are still ongoing before Justice Ramlall and will continue on October 9.
Hinckson had told the court on September 18 that in recent weeks there has been a campaign by the police against his family and friends and he had requested that the magistrate make a ruling or some sort of statement so that the police would desist from harassing those close to him.
Since being charged on March 11 with advocating the commission of a terrorist act and uttering seditious statements, Hinckson has been in police custody for almost 7 months. The second charge had stemmed from a statement he made during a press conference at City Hall.
