Still no bail decision
The Preliminary Inquiry (PI) into the charge against Oliver Hinckson of advocating a terrorist act was adjourned to September 30 yesterday so that State Prosecutor Sanjeev Datadin could respond to an objection made by the defence about diary testimony.
Detective Corporal Suraj Singh again took the stand, this time to give evidence about his diary from which the extract presented at the previous proceedings had been taken.
However, defence counsel Nigel Hughes informed the court that the witness cannot be asked to refer to the diary or its contents since neither has been tendered as an exhibit. This is not permissible, he said.
On the last occasion Datadin had tendered notes that were extracted from Singh’s diary as evidence and the defence objected, saying that the notes cannot be tendered since it constitutes secondary evidence and has been coloured by the witness’s prejudice.
In his reply to the objection the state prosecutor stated that the evidence being given in the witness’s testimony is not what the witness himself said but what he recorded of what Hinckson had said.
Hughes reminded the Acting Chief Magistrate that she had reserved her decision regarding their new application for bail until after September 24. The magistrate’s only reply was that yesterday was September 24 and not after that date.
Despite repeated attempts by Hughes to explain to the magistrate that it was in her jurisdiction to grant his client bail the magistrate did not relent.
Since being charged on March 11 with advocating the commission of a terrorist act and uttering seditious statements during a press conference at City Hall, the ex-army officer’s hopes of being granted bail have been dashed on a number of occasions. Hughes stressed that Hinckson has been in police custody for over six months now.
The matter has been adjourned to September 30 and according to Datadin October 9 is the next date set for the Hinckson matter which is at present before Justice William Ramlal in the High Court.
Hinckson had told the court last week that in recent weeks there has been a campaign by the police against his family and friends.
He had explained that as recently as last Wednesday evening police had gone to the place where his twelve-year-old daughter resides, brandishing weapons and saying that they were there looking for guns and ammunition.
He also said that his friend Augustus Stuart – who was recently released on $150,000 bail after he was charged with being in possession of an AK-47 magazine and 19 7.6×39 rounds, was detained by the police once again.
Hinckson said that the harassment by the police is contributing to the deterioration in his friend’s health. Hinckson requested that the magistrate make a ruling or some sort of statement so that the police will desist from harassing those close to him.
