Mark
Benschop treason trial --
Prosecution
may use Benschop's summation at P.I. to support its case
By
George Barclay
THE
Prosecution
in the Mark Benschop's treason trial yesterday completed the calling of its 13
witnesses, but applied to the Judge for the right to use Benschop's summation at
the Preliminary Inquiry (PI) as the final chapter of the State's presentation.
Jumping to his feet, leading counsel for the Defence Mr. Basil Williams objected
to the move by his counterpart for the Prosecution Mr. Sanjeev Datadin, who
contended that the law gives him that right to have the statement by the accused
read to the jury.
Justice Winston Moore said that at the moment he was inclined to agree with Mr.
Datadin's claim. He, however, expressed his intention to have another look at
the Prosecution’s proposal.
It was pointed out that Benschop had said that he was innocent of the charge
when asked by the Magistrate whether he had anything to say; but that he used
the opportunity to talk for about four hours.
When asked by the Court what aspect of the alleged statement he was seeking to
have in evidence, Datadin told the Judge, "We want everything. That is our
right."
Williams again objected by the move by the Prosecution and said it was designed
to further delay the case for the accused, who is entitled to a fair trial
within a reasonable time.
At this stage, the Judge adjourned the matter to Monday morning when there will
be arguments to determine the use of the statement, which Benschop gave at the
end of the Preliminary Inquiry.
Yesterday, was the tenth day of the jury trial at which Mark Benschop is charged
with having formed an intention to overthrow by force the Government of Guyana
on July 3, 2002.
On the resumption yesterday, Mr Jaichand Latchman, Presidential Guard and
witness number 12 was called to the stand.
He said that on the day in question, he was on duty at the Presidential Complex.
His duty included that of searching, recording and checking visitors.
His duty was also to protect the Government assets, the President and Ministers
and their colleagues. On that day he was stationed at the hut at the New Garden
Street entrance. At about 11:50 hrs on that day, he went on the road along New
Garden Street to the Guyana Public Service Union to purchase some drinks.
On his way back he heard a loud noise. He looked back and saw about 250 persons
coming from the northern direction to the southern direction along New Garden
Street.
He quickly returned to the hut and alerted the other guards, telling them that
the crowd looked like protesters.
Witness added, "Guard Commander Sgt. Lewis spoke to me, and as a result of
what he told me, I closed the gate. The protesters started rocking the gate very
heavily. While they were doing this, I moved back to the guard hut.
Within the march, I saw Mark Benschop with a loud speaker at New Garden and
Charlotte Streets.
Benschop was saying, "Break down the gate and take over the place, they
can't shoot.”
“About 20 persons rocked the gate until it flew open, injuring Sgt. Lewis in
the face. After the gate was opened, the protestors started running to the
Accounts Department. Sgt. Lewis gave certain instructions. Orders to fire were
given. I fired two rounds from my service revolver. Another guard also fired in
the air.
“While shots were being fired in the air, protesters were still running into
the Accounts Department.
“As a result of what Sgt. Lewis told me, I went to the guard hut. I collected
three M70 rifles with magazines and ammunition, which I gave to the Deputy Guard
Head. I took the other 3-70 rifle with magazine, and attired myself in a
bulletproof vest.”
Witness added that while some protesters were still running in to the Accounts
Department, others were running out of the compound.
Witness went on to testify that when he entered the Accounts Department, he saw
broken glass strewn about the place and chairs and tables were upturned.
Cross-examined by Mr. Mortimer Coddett, witness said that he is no longer a
guard in the employ of the Presidential Complex.
Asked the reason for leaving the job, witness said that he had a financial
problem. He was granted a scholarship to Cuba to pursue a Degree in Physical
Education. He returned on vacation from Cuba and found himself in a financial
problem.
Witness denied a suggestion that the problem was concerned with the unlawful use
of an unlicensed weapon.
Witness said that he only knew of one key for the padlock of the gate and that
key was kept behind the desk in the Reception Department. He said that the
padlock was left open when he went to the PSU for a drink.
He went on to say that as a result of the shooting, the protesters did not run
back but they ran towards the Accounts Department.
Witness had entered a room where he saw about 20 persons lying down on the
floor. They included protesters and members of staff. He did not know whether
they were ducking gunshots
However, when it was proved to the witness that he was telling the jury
something different to what he told the Magistrate at the Preliminary Inquiry,
the witness said, "That was a mistake. I am sorry. I have no reason for
giving two versions of the same thing."
When asked by the Judge what the protesters used to break the windows, the
witness hesitated and then said, "I think it was a chair, or a piece of
wood."
Later he told Coddett that he did not see any of the protesters with firearms.
Asked why he had to put on a bulletproof vest that day, witness answered, “To
safeguard myself.”
The other witness was Chief Elections Officer Mr. Gocool Boodhoo. He produced
the ‘Official Gazette’ to prove that the PPP/C Government was elected at the
2001 elections and was still the Government of Guyana.
Next to testify was Mr Rampersaud De Huinauth, another Presidential Guard, who
said that he was standing in the car park that day at about 10:50 hrs, when he
heard a noise. He watched outside and saw Mark Benschop telling people, "Go
in. They can't shoot."
Witness said that he also saw Bynoe at the gate signalling people to go in. He
said he was about 25 feet away and could have seen what was going on.
But under cross-examination by Mr. Basil Williams, witness admitted that at the
Preliminary Inquiry, he told the Magistrate that he was at a further distance
away and had to run several yards before he could have recognised any one.
Witness agreed that what he told the Magistrate was true and that he had no
reason for changing his story before the jury.
The hearing continues on Monday, when Prosecutors Datadin and Mr. Anil Nandlall
will adduce arguments in support of their application to have the Benschop
statement put in evidence.
Wiltshire will make his next Court appearance on January 27, 2005.