Hinckson PI… Magistrate declines to rule on bail application

Sep 25, 2008 News

As the preliminary inquiry continues into the Oliver Hinckson case, the Magistrate has once again declined to rule on the defence team bail application when the sedition accused made yet another appearance yesterday.

Attorney-at-law Nigel Hughes reminded the Magistrate that on a previous occasion she had promised to make a ruling after the matter was heard in the High Court on yesterday’s date.

Special Prosecutor Sanjeev Datadin told the Magistrate that the matter was heard in the High Court and that it will be called again on October 9.

At that point, Hughes said the fact that the action of the High Court is having difficulty coming to a decision should not interfere with the Magistrates’ Court ruling.

“It is very disturbing to see the actions of the High Court dictating what goes on in the Magistrates’ Court…and while they delay their decision my client should stay in jail and languish,” Hughes lamented.

“You, your worship, are being embarrassed all the time by the stalling of the High Court’s decision…The most they can do is quash your decision.”

The Magistrate then informed the defence that she would make a ruling after the matter is heard again in the High Court on October 9.

Hughes further expressed his dissatisfaction about having to wait until after October 9. He once again raised the issue of the matter being delayed because of the absence of Magistrate Gilhuys and now by the action of the High Court.

Special Prosecutor Datadin then interjected, noting that when the matter was put down in the High Court to October 9, the defence did not complain or make an issue about the delay but simply agreed.

Hughes then inquired who from the defence team would agree to such, and was told that his colleague, Attorney-at-law Roger Yearwood, agreed.

“Your worship had my colleague complained about this he would have been sitting on the bench with Mr. Hinckson,” Hughes said.

He added that it is very sad what the ‘poor’ man has to endure because of the failing judicial system.
Meanwhile, Police Corporal Suraj Singh once again took the stand to give further evidence.

In doing so the prosecution sought to have an extract from the Corporal’s diary admitted into evidence.
The defence, however, objected.

After listening to the defence objection the Magistrate ruled that the evidence that the prosecution is seeking to have admitted into evidence is inadmissible. The matter has been put down for September 30.