Latest update July 27th, 2024 12:59 AM
Oct 10, 2008 News
Sedition accused Oliver Hinckson was yesterday reunited with family and friends after he was granted bail in the sum of $1 M.
Acting Chief Magistrate Melissa Robertson granted the accused bail after she was informed by Hinckson’s lawyers about what had transpired earlier in the High Court. She had promised to rule on the bail application one week ago after she learnt that the matter would have been heard again in the High Court yesterday.
Addressing the issue of bail was attorney-at-law Roger Yearwood, who was present at the hearing before Justice William Ramlal.
He said that an Order Nisi was filed in July. Yesterday that order was made Absolute. The Order Nisi had called on the Acting Chief Magistrate to show cause why an order nisi granting bail should not be made absolute.
In renewing his application before the Acting Chief Magistrate, Yearwood said with the High Court matter out of the way, there should be no impediments to the issue of bail being granted.
However, at that point Special Prosecution Sanjeev Datadin blurted out “Your worship I am stunned by what my Learned Friend just said, that there are no impediments now as it relates to the issue of granting bail”.
Datadin further objected to bail citing a long list of antecedents. He pointed to incidents dating back to 1971 when the accused allegedly assaulted a witness in a matter. Datadin also raised the issue of Hinckson not returning for his trial in another matter after seeking leave in the High Court to visit the United States.
Hinckson’s lead attorney Nigel Hughes then interjected noting “Your honor my Learned Friends (the prosecution) may as well bring to the court’s attention too the instances when Mr. Hinckson ran away from his mother in pampers, when he wet in pants in nursery school and even the first time he slapped a woman’s butt”.
Hughes then told the magistrate the he will rely on his previous bail application. He noted that he can attest to the fact that on all occasions Mr. Hinckson did return for his trial, contrary to what was being stated by Mr. Datadin.
Datadin still continued in his effort to have bail denied. He asked the court to consider the seriousness of the offences and the previous charges brought against the accused. While noting that he would not want to go back to the previous objection to bail, he asked that the court accept the new objection.
Hughes, however, pointed out to the court that the objections raised by Datadin were raised already and if the prosecution has no new grounds for opposing bail he, the defence, will rely on his previous application. Following a lengthy exchange of argument, the magistrate ruled in favour of the defence and granted bail.
After leaving the courtroom, where family members and supporters were anxiously awaiting his release, Hinckson was whisked away in a car which seemed to have been waiting for his release from the court lock ups.
He declined to speak to the media, but family members promised that as soon as he is ‘settled in” he will talk.
When asked for a comment, Hinckson’s lawyers said they are prepared to deal with any ‘surprises’ the authorities may want to pull out now that Hinckson has been granted bail.
One of the lawyers said they are prepared to legally challenge any decision the authorities might want to come up with.
“Even if they want to re-arrest Mr. Hinckson and find a new charge we will challenge that because it would be preposterous for them to come up with a charge at this time after he (Hinckson) was incarcerated for so long”.
The Preliminary Inquiry
And as the Preliminary Inquiry continued, Hinckson’s lead attorney Nigel Hughes, who was absent on the last two occasions, was given the opportunity to object to the written submission made by the prosecution.
On the last two occasions Datadin sought to have extracts from Corporal Suraj Singh’s diary admitted into evidence. One week ago Datadin made written submission to the court seeking to have the extracts admitted into evidence. This was, however, met by strong objections from the defense team.
Yesterday Hughes noted that he would be relying on his original objections.
First he made mention of the res gestae principal which was one of the grounds listed by the prosecution as they sought to have the extract admitted into evidence.
Res gestae is an exception to the rule against hearsay evidence. It is based on the belief that because certain statements are made naturally, spontaneously and without deliberation during the course of an event, they leave little room for misunderstanding and misinterpretation when heard by someone else.
Hughes argued that the extract which the prosecution is seeking to have admitted has no relevance to the present circumstance since the res gestae principle can only apply to the incident at hand which has given rise to the charge. Hughes further maintained that the res gestae principle cannot and should not be applied to this case.
Next Hughes pointed out to the court that the Judge’s rule, which is designed to protect an accused from hearsay evidence, has been breached.
“The admission into evidence of a statement alleged to have been made by a person can only be done after the court is satisfied that the statement was made freely and voluntarily,” Hughes argued.
He added that the fact that Mr. Hinckson’s alleged extracts have not been signed by the interrogating officer or none of the officers present during the interrogation clearly shows that the Judge’s rule has been breached.
He pointed out that the prosecution has no grounds for their submission, leaving the magistrate with nothing to exercise her discretion.
Datadin told the court, “Mr. Hughes has taken the law to places where it has never gone before as it relates to the res gestae principle.”
He argued that in all Commonwealth country courts have admitted notes taken by police officers into evidence.
Following the lengthy arguments, the magistrate announced that she will rule on whether or not to have the extracts from the diary admitted into evidence on a later date.
The matter will be called again on October 16.
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