Latest update March 21st, 2025 7:03 AM
Dec 10, 2008 Features / Columnists
There has been no shortage of criticism of the decision by President Bharrat Jagdeo to pardon the second and last treason accused, Phillip Bynoe. Some say that the pardon should not have been given because Bynoe had committed no crime; others say that there should have been no pardon from the President but from the Director of Public Prosecutions.
Why the pardon? Six and a half years ago Bynoe led a march from the East Coast Demerara to the city. He is later quoted as saying that he decided to take to the streets because Linden was being ignored, that jobs were being threatened in the already depressed community and that he thought that he had to do something to attract the attention to what he called the actions of an uncaring government.
Bynoe also said that somewhere along the way he got caught up in heady business and his protest began to look at other issues and so attracted even more people. He then said that he had the support of the People’s National Congress and many PNC supporters marched on the city even as the Caricom heads were meeting in Guyana for the Heads of Government summit.
Was there a plan to march on the Office of the President? Was there any threat to the executive? Those questions can only be answered by the participants because the government was not privy to the plans nor was it inside the minds of the planners. What the government knows is that the leaders were angry with the government for political reasons.
The government also has photographic evidence of Bynoe at the gate of the Office of the President on 3rd July, 2002 and evidence of Mark Benschop with a loud hailer outside the gates.
The charges were laid after even the Caricom heads made some scathing remarks about the march on the headquarters of the Presidency and were harsh in their criticism of the protesters. Some even said that in their country such an action would have been soundly condemned and the protesters would have been dealt with severely.
Benschop surrendered and faced the courts where jurors could not agree on his guilt or innocence. The President does not dictate to the court so he cannot get involved in any decision that leg of the constitution would have taken.
In the end, President Bharrat Jagdeo pardoned Benschop on the basis of powers granted to him under the constitution.
The critics said that the president had no such right but they surely did not study the constitution. They also did not take into consideration that the Leader of the Opposition had engaged President Jagdeo in talks to free Benschop. In fact, it was Mr. Corbin who should be credited with Benschop’s freedom.
In Bynoe’s case, six years had elapsed and President Jagdeo did not want to leave office with a man having treason charges hanging over his head.
It is no different from the time when President Desmond Hoyte pardoned David Hill, known in Guyana as Edward Washington who was sentenced to 20 years in jail for murder. Also pardoned was Washington’s accomplice and those pardons were granted just before President Hoyte demitted office.
The critics would say that the two men, Hill and Idi Jumo, were pardoned after they were found guilty but the fact remains that a president can grant pardons. United States President George Bush recently pardoned some men convicted of various crimes and he has done this on the eve of his departure from office.
The very critics say that the Director of Public Prosecutions should have been the person to drop the charges but the DPP can only act when she is approached. Like the judiciary, the office of the Director of Public Prosecutions is also independent. The President cannot dictate to her.
The DPP was not approached and in any case, this had to be a political decision, especially since the crime was a political one. Bynoe was never arrested but that in no way can negate the pardon.
But even before the two pardons, the government had pardoned other treason accused and there were no comments. Anand Sanassie had fled justice after treason charges were laid against him and only returned to Guyana when the government changed. The government took the decision that the charge would no longer stand because the source of the threat no longer existed..
The critics did not even remember this aspect of presidential pardons. They are too busy criticizing everything that the present administration does. They are too busy blaming the government.
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