-case set for Friday
Principal Magistrate Melissa Robertson-Ogle yesterday heard the state’s case against ex-army officer Oliver Hinckson at the Georgetown Magistrate’s Court and the accused again appealed for bail citing health concerns from being in a confined cell.
The case was being heard before Magistrate Gordon Gilhuys who was absent from the bench due to police investigations into his shooting at a police officer.
Specially-appointed prosecutor, attorney-at-law Sanjeev Datadin told the court that the firearm case against Hinckson had concluded while his other case had been about 30% complete. At this point Hinckson, whose attorneys were absent, told the court that his sedition case had not yet started.
In response Datadin said much of the evidence led in one matter is the same for the other matters. “We have not started to lead evidence in the sedition matter,” he said, “however, most of the evidence already led in the other matters will also be used in the sedition case,” he explained.
Hinckson told the court that he has been “locked down in solitary confinement, incommunicado, in a strong cell which is located down by the dungeons” since last Friday. He explained that he is being kept in the cell for 23 ½ hours each day and has only seen the sunlight once in the last six days. Hinckson also told the court that if someone is kept in such confined conditions, “incommunicado”, then it is a crime. Further, he asked that the magistrate use her discretion and grant him bail. He told the court that he has existing health problems and in the said confined cell the chances of him contracting tuberculosis are great.
Hinckson said he informed one of his defence attorneys Gregory Gaskin, who visited him at the prison on Saturday, of the conditions he is being kept in but he is not certain that Gaskin is addressing the matter. In response, Datadin said that he has heard nothing about Hinckson being confined in a strong cell. He said he has spoken to no one in authority who has given him a reason why Hinckson might be confined, if he is indeed confined. Further, he said he believes that Gaskin is fit to handle the situation.
“My relatives and friends have been harassed,” Hinckson said, his voice ringing clearly through the court. He said his friend of over 35 years, Augustus Stuart who was charged with possession of an AK-47 magazine and 19 7.6×39 ammunition without lawful authority has been continuously harassed by the police.
Datadin requested that the court set a date for report. Principal Magistrate Robertson-Ogle inquired if July 11 would be “okay” with them. Datadin agreed and the matter was adjourned to next Friday. Hinckson then interjected, “Okay? I am locked down in solitary. How can it be okay?”
Hinckson was charged on March 11 for advocating the commission of a terrorist act and uttering seditious statements. The second charge stemmed from a statement he made during a press conference at City Hall.
He then appeared at the Georgetown Magistrate’s Court before the principal magistrate and since his incarceration his lawyers have been using different avenues to fight for bail but without success.
The case has been continuously stalled after Prosecutor Robert Tyndall repeatedly requested adjournments to seek advice from the Director of Public Prosecutions. On May 2 Datadin was appointed special prosecutor.
