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Magistrate rules against prosecutor

Jul 02, 2009 News

…set to conclude Hinckson matter

Acting Chief Magistrate Melissa Robertson, on Tuesday, denied an application to reopen the preliminary inquiry into the Oliver Hinckson conspiracy to incite terror. The application had been made by Special Prosecutor Sanjeev Datadin.
The application was made on June 16. He was absent on June 11.
Datadin was seeking to have evidence tendered before then Magistrate Gordon Gilhuys to be readmitted by Magistrate Robertson.
Datadin had explained that he had informed the magistrate, through his clerk, that he would have been in the High Court on June 11. The lawyer said he was filing proceedings in the Full Court against the magistrate with regard to evidence that she had deemed inadmissible. That application was also rejected.
He further explained that he was obligated by law to be present in the more senior court.
On Monday Magistrate Robertson , Nigel Hughes , Gregory Gaskin along with prosecutor Datadin were all present before the Chief Justice Ian Chang.
Proceedings had been filed against the magistrate with regard to evidence she had deemed inadmissible. The Chief Justice subsequently dismissed the application on Monday afternoon.
The matter has been adjourned for July 13 when it is expected that the magistrate would make her final determination on the proceedings.
Hinckson has been before the court since March 2008 facing charges of sedition and conspiracy to incite terrorist acts.
The charges stemmed from statements Hinckson reportedly made at a press conference hosted by Georgetown Mayor Hamilton Green. The sedition charge was withdrawn.

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