President Bharrat Jagdeo yesterday announced a pardon for treason accused Phillip Bynoe, almost six years after he allegedly led a violent protest march on the Office of the President (OP) that resulted in the death of two people.
Bynoe, who has been on the run since the July 3, 2002 incident, had been writing to the President over the last year, expressing remorse while appealing for clemency. The former leader of the People’s Solidarity Move-ment was charged in absentia with the capital offence, while his co-accused Mark Benschop, who turned himself over to authorities, received a presidential pardon last year while awaiting a retrial.
A statement released by the OP last evening said that acting in accordance with the powers granted to him under Article 188 of the Consti-tution, President Jagdeo has “granted a free pardon to Mr Phillip Bynoe.” The statement added that Bynoe has been writing to the President since 2007, applying to him for a pardon. “In his appeals, Mr Bynoe informed the President about his remorse over the incident; the invasion of the [OP], and the destruction of public property. He also recognised that the event was an attack on a democratic institution of the state and not directed at the President.”
Under Article 188 1 (A) the President has the power to grant any person concerned in or convicted of any offence under the law of Guyana a pardon either free or subject to lawful condition.
Yesterday, President Jagdeo met Opposition leader Robert Corbin to provide a briefing on climate change. Corbin, who promised a fuller statement on the meeting, when asked whether the Bynoe pardon had been discussed, said he had not heard of the announcement and had no comment to make on it.
Last August, President Jagdeo had granted a pardon to Benschop, who had been in prison while awaiting a second trial after the first ended in a hung-jury. He had been imprisoned for five years. Although Bynoe has successfully eluded law enforcement authorities, there have been numerous reports over the years of sightings in Linden and other locations.
At the announcement of the Benschop pardon, Presi-dent Jagdeo was asked whether he would extend a pardon to Bynoe. He replied in the negative, saying he would have to face due process of the courts.
Benschop had also written to Jagdeo, who said he felt the former talk show host had learned his lesson. The President described the decision to free Benschop unconditionally as a personal one, admitting that he still believed that both men were involved in the invasion of the OP. He said: “He [Benschop] was involved. I think he was and I have always said that they [Bynoe and Benschop] led those people here and caused two of them to lose their lives.”
He added of Benschop: “It has nothing to do with the judicial process. I feel he was guilty of misleading those people and bringing them here. I am exercising the presidential pardon and not a judicial pardon. The judiciary has the right to say he is guilty or not guilty but personally, I feel that he had a significant role to play.”
According to the particulars of the treason charge, contrary to Section 318 (a) of the Criminal Law Offences Act (CLOA), Bynoe between June 1 and July 3, 2003, being a citizen of Guyana and owing allegiance to the state of Guyana, formed an intention to overthrow the lawfully elected Government of Guyana by force. During the said period, in furtherance of the aforesaid intention, he allegedly: (A) Conspired together with persons to forcibly and unlawfully enter into the compound and premises of the OP; (B) Was present at and encouraged others by words and conduct, to unlawfully overtake and storm the OP compound and premises.
