The prosecution yesterday made oral submissions to the court in the matter in which social activist Mark Benschop and columnist Freddie Kissoon have been accused of obstruction of municipal works at the Cemetery Road dumpsite.
Prosecutor Kevin London in response to previous submissions made by the defendants said that this stage of the proceedings is to determine whether enough evidence has been presented to the court for the defendants to lead a defence.
London firmly contended that since the prosecution has presented enough evidence to the court, it will call on the defendants to lead a defence. The prosecutor in his address to the court reviewed the evidence presented by each of its three witnesses.
London then submitted that since both charges are strict liability offences, this particular category of offences in law does not require the prosecution to prove mental element. Instead, the action by itself amounts to the charges before the court. This, London said, is the argument of the prosecution.
However, Attorney-at-law Christopher Ram who represented Kissoon said he would prefer an adjourned date to respond to the prosecution’s submissions.
At this point, Magistrate Chandra Sohan who is presiding over the matter at the Georgetown Magistrates’ Court said he was prepared to give his ruling yesterday after listening to the prosecution’s oral submissions. The magistrate said he would have given his decision since he has already heard the oral submissions made by both defendants.
However, Ram was an adjournment to May 25, to reply to the prosecution.
The jointly-charged duo has been representing themselves in the absence of their attorneys. Yesterday was the first in a number of consecutive occasions that a lawyer has entered an appearance in the matter. Benschop, however, continues to represent himself.
On May 10 Magistrate Sohan directed the prosecution to close its case since it has been repeatedly seeking adjournments to have witnesses present who have been absent on the occasions the matter has been called. After the case was closed, the defendants were then given a chance to make their oral submissions to the court.
The allegation against the duo is that on December 21, 2010 at Cemetery Road, Georgetown, they obstructed the municipal worker from performing his duty at the said dumpsite. Benschop and Kissoon have since denied the charge levelled against them and have been granted their pre-trial liberty after being placed on $1 bail each.
Additionally, it is alleged that the defendants on the same day on Cemetery Road, Georgetown, willfully remained on the said road in such a manner thereby causing obstruction to other persons driving vehicles along the said road. The accused were admitted to self-bail for this charge.
The matters are being tried together as requested by the prosecution as they arise out of similar circumstances.
