Proceedings filed against Acting Chief Magistrate Melissa Robertson with regard to evidence she ruled inadmissible in the Oliver Hinckson advocating a terrorist act preliminary inquiry (PI), were dismissed yesterday afternoon.
Special State Prosecutor Sanjeev Datadin had made an application in the Supreme Court last week with regard to high court documents, earlier tendered by him as evidence in the PI, ruled inadmissible by Robertson.
Defence attorneys Nigel Hughes and Gregory Gaskin appeared before Chief Justice Ian Chang yesterday along with Robertson and the state prosecutor. However, Datadin’s Supreme Court application was subsequently dismissed and the party returned to Robertson’s courtroom at the Georgetown Magistrate’s Court where the PI was adjourned to this afternoon.
Robertson indicated that she would give her ruling today on whether Datadin’s application, made on June 16, to reopen the Hinckson PI will be granted. On June 11, following Datadin’s absence an application made by the defence for the Hinckson case to be closed was granted.
Hinckson, an ex-army officer, was charged on March 11, last year with uttering seditious statements and advocating a terrorist act. The charges stemmed from a statement he made at City Hall on February 11, 2008. The PI into the advocating a terrorist act charge against Hinckson commenced on April 17, 2008 before former magistrate Gordon Gilhuys but was later recommenced in Magistrate Robertson’s court.
If the magistrate denies Datadin’s application to reopen the Hinckson PI today then her final decision on the matter will follow.
