– High Court order foils pre-trial liberty bid
Justice William Ramlal yesterday dashed Oliver Hinckson’s hopes of pre-trial freedom when he granted a motion against him being admitted to and released on bail, filed by the Attorney General’s Chambers yesterday morning.
Justice Ramlal ordered that a rule nisi of certiorari be directed to Acting Chief Magistrate Melissa Robertson-Ogle for her to show cause why a writ of certiorari should not be granted quashing her decision to admit Hinckson to $1 million bail on a charge of advocating a terrorist act.
The judge also ordered that a rule nisi of prohibition be directed to Director of Prisons Dale Erskine for him to show cause why a writ of prohibition should not be issued prohibiting him from releasing Hinckson on the magistrate’s order.
Hinckson’s lawyers have since filed a counter-application, which should be heard before Justice Ramlal this morning.
Magistrate Robertson-Ogle had granted Hinckson bail on Friday. However, he was not released because his relatives were not informed that they needed to secure a manager’s cheque for the bail sum. They had tendered as surety a transport for one of Hinckson’s properties, worth $16.8 million. By the time they were told about the cheque it was too late to get it and the relatives resolved to pursue it early yesterday.
Nigel Hughes, one of Hinckson’s defence counsel, told Stabroek News that Hinckson’s relatives attempted to pay his bail early yesterday morning. However, they were told that the clerk responsible for Hinckson’s bail was on leave and various other excuses were made.
The attorney said he believed these excuses were made in an attempt to stall Hinckson’s release so that the application could be made at the High Court. “The judiciary is predictable,” Hughes said. “They will not hear this matter in a hurry.”
Attorney-at-Law Nareshwar Harnanan from the Attorney General’s Chambers filed the motion around 11.30 am yesterday at the High Court and Justice Ramlal subsequently granted it.
The application for the motion was entered on behalf of Detective Corporal Suraj Singh of the Guyana Police Force, who on March 11 had instituted charges of sedition and advocating a terrorist act against ex-army officer Hinckson.
Hughes said that approximately 20 minutes after Justice Ramlal granted the motion, he and his co-counsellors requested to make an oral application for the Attorney General’s Chambers to give cause why the motion was entered initially.
However, Hughes said, Justice Ramlal refused their request for an oral application and asked that the application be made in writing. The written application was filed yesterday afternoon and it is to be heard today before Justice Ramlal.
Meanwhile, Hinckson remains imprisoned. He is on $75,000 bail on a firearm and ammunition charge, $100,000 bail on the seditious statements charge and $1 million on the advocating the commission of a terrorist act matter, which brings his bail to a total of $1,175,000.
On Friday, his matter was adjourned to July 24, when the trial for advocating the commission of a terrorist act charge is set to commence.
