Latest update November 26th, 2024 1:00 AM
Defence, prosecution clash over witness memory loss
After having his bail slashed by $200,000 almost two weeks ago, sedition accused Oliver Hinckson made yet another court appearance yesterday before Acting Chief Magistrate Melissa Robertson.
Special Prosecutor, Sanjeev Datadin, called for the continuation of evidence from Detective Corporal Suraj Singh, who while being led, said that he remembered that the two days in which Hinckson was detained and that he can only remember what was said if he “looks back at his diary”.
Oliver Hinckson
However, the defence headed by Attorney at Law Nigel Hughes raised an objection on the grounds that the prosecution cannot solicit evidence from the witness. Hughes further told the court that the witness would only be concluding or interpreting what Hinckson said and that such could be totally different from what Hinckson actually means.
However, Datadin said that the witness merely meant that he wrote the answers to the questions which were asked by the investigating rank.
The prosecutor added that they were not seeking to admit the diary into the court as contemporaneous record, but that Singh merely said that he can only remember if he looks back at his diary.
The lawyer said that traffic ranks along with other ranks look back at their diaries when giving evidence.
Hughes objected, however, and told the court that according to Section 76 of the Evidence Act of Guyana, questions asked by the prosecution should not suggest the answers and they must not be allowed in the court. He explained that the testimony must not come from the lawyer.
Hughes contended that it was a trick that the prosecution is seeking to get a ruling. Sanjeev Datadin then asked for an adjournment to seek to tender cases that opted to refresh the witness. Hughes said that the prosecution must, however, limit their sources.
The matter has been adjourned for February 16.
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