The charge against social activist Mark Benschop for the unauthorised use of a wireless radio was dismissed yesterday by Magistrate Geeta Chandan-Persid Edmond because of the lack of sufficient evidence. She upheld the no case submission made by defence counsel Nigel Hughes.
On January 14, Benschop was placed on self-bail when the charge was first read to him. It was alleged that on October 29, 2009 at Caneview Avenue, Roxanne Burnham Gardens, Benschop installed on his premises an unauthorised apparatus, being a FM radio transmitter for wireless transmission, without a license.
In handing down her sentence, the magistrate said that the prosecution’s case hinged on proving that the seized apparatus was indeed a FM transmitter and that there was unauthorised use of the piece of equipment by Benschop.
She added that the prosecution did not prove that the apparatus was capable of receiving and transmitting sound waves. Further, she said that there was no evidence to show that the apparatus was used on October 29 and in her estimation, it was simply a piece of equipment.
The Magistrate added that the failure by the prosecution to determine the capability of the transmitter resulted in a failure to prove its case. The case against Benschop was based on the statement given by Managing Director of the NMFU, Valmikki Singh.
