Court deems prosecution evidence inadmissible
Yesterday marked one week since sedition accused Oliver Hinckson was granted bail by Acting Chief Magistrate Melissa Robertson, at the Georgetown Magistrates’ Court.
But before yesterday’s deliberations began, lead attorney Nigel Hughes asked whether the magistrate would have dealt with the firearm charge against his client.
And the Acting Chief Magistrate restated that the matters would be heard separately.
During the last court appearance, Special Prosecutor Sanjeev Datadin and lead attorney Nigel Hughes argued about the admittance of a ‘diary’ Corporal Suraj Singh was seeking to tender into evidence.
Singh had stated earlier that he was present when Hinckson was questioned and that his duty was to keep notes about what was asked and the answers that were given by Hinckson.
The corporal told the court that he had transferred his notes to the diary, after it was written on “eight sheets of paper”.
Yesterday, despite strong objections by the Special Prosecutor, the magistrate ruled that the evidence tendered by the corporal for the preliminary inquiry was inadmissible.
The magistrate further ruled that if the evidence is admitted to the court, this would hinder Hinckson’s liberty and his being “fairly tried”.
After hearing what the magistrate said, Datadin asked to be given the opportunity to restructure the evidence tendered by this witness.
At this point Hughes interjected that surely Datadin was not depending on what this witness was saying.
Hughes further told the court that even before a “preliminary inquiry” begins, the prosecution gathers all information for the case.
“If one aspect of evidence is not admissible you can move on to others,” Hughes added.
Datadin rebutted that he “just needs time” to restructure his case and it should be given, expressing that the defence had two weeks to respond to submissions made by the prosecution.
Nigel Hughes further noted that surely Datadin was solely anticipating that the magistrate would have “ruled” in his favour. He added that one is not entitled to an adjournment when the evidence is inadmissible.
The matter was later adjourned to October 27.
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