Oliver Hinckson has been detained in the United States for an interview with that country’s Homeland Security officials.
Attorney-at-law Nigel Hughes informed Acting Chief Magistrate Melissa Robertson yesterday that his client had been granted permission by Acting Chief Justice Ian Chang to leave the jurisdiction for “health purposes”.
According to Hughes, he had made an application to Justice Chang seeking permission for Hinckson to leave the country to seek medical assistance in the USA since he suffered from a heart condition. The order was granted on November 12, Hughes said, and his client departed the following day.
The attorney apologized for Hinckson’s absence at yesterday’s proceedings.
According to Hughes, when Hinckson arrived in the US his passport and ‘Green Card’ (Permanent Resident Card) were seized by Homeland Security. The reason for this, Hughes explained, was because his client had not travelled to the US for a lengthy period of time.
While the attorney acknowledged that he did not possess professional knowledge on US immigration matters he said he understood that once issued a ‘Green Card’ the holder must be present in the US for approximately 183 days each year. Hinckson failed to do so because of his recent incarceration.
The lawyer explained that Homeland Security could call upon the ‘Green Card’ holder, who failed to meet this requirement, to provide reasons why the card should not be revoked or to account for the extended absence.
Hinckson will be interviewed by Homeland Secu-rity officials on December 13, Hughes said, when it would be decided whether Hinckson would be allowed to keep his ‘Green Card’. He would be able to return to Guyana after keeping that appointment.
Further, Hughes reported that he is also awaiting Justice Chang’s decision on a second application which he filed seeking an extension of the original time granted to Hinckson.
Homeland Security documents were submitted with the application and an affidavit in support of these documents, which Hughes said he swore to himself, attached.
Special State Prosecutor, Sanjeev Datadin, was absent from yesterday’s proceedings and Hughes requested that a court date be set for report on the continuation of the Preliminary Inquiry (PI) into the advocating a terrorist act matter.
His application was subsequently granted and December 19 was set for report. Hughes is to submit copies of his High Court application to the magistrate before this date.
Meanwhile, on October 16, Acting Chief Magistrate Robertson had ruled that the notes from the diary of Detective Corporal Suraj Singh were inadmissible as evidence in the PI into the advocating a terrorist act charge against Hinckson.
Datadin had applied to the court for an adjournment after the magistrate had given her ruling.
He had stated that he would need time to decide whether the remaining evidence to be given by Singh, his last witness in the PI, would be admissible.
However, lead defence attorney Hughes told the court that “it appears as if the [prosecution’s] case is so challenged that they may need some time to decide whether or not they should discontinue the matter”. If that was the case, Hughes said, the defence would have no objection to the adjournment.
After further discussion, during which the magistrate suggested that Datadin take a few minutes to sort out his next course of action, the request was granted and the matter adjourned to October 21.
However, there were no proceedings on that date and the matter was adjourned to yesterday’s date.
Hinckson was charged on March 11 with 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.
