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As the Oliver Hinckson preliminary inquiry continues,Dez Bryant Jersey, the team of lawyers representing the sedition accused yesterday renewed their bail application.As has been the case in recent appearances, Hinckson made his way into the court room shackled. However, before the case was called,Jaylon Smith Cowboys Jersey, the restraints were removed.Meanwhile,Rico Gathers Jersey, in renewing the bail application, attorney Nigel Hughes enquired if the bail which was granted on July 11 last was still standing, since the issue of the discretion exercised by the sitting acting Chief Magistrate Melissa Robertson-Ogle is being heard in the High Court. However, the prosecution, headed by special prosecutor Sanjeev Datadin, objected to bail.Datadin said that he was instructed that there are proceedings in the High Court relating to the discretion exercise in the magistrates’ court in July when the accused was granted bail. Datadin further sought to indulge the court in some of Hinckson’s antecedents.At that point, another of Hinckson’s lawyers, attorney Vic Puran,Charles Tapper Cowboys Jersey, interjected by saying that the prosecutor should not waste the court’s time with “what he thinks” and “what he understands”. Puran told the court that the prosecution should state facts.However, Datadin continued in his efforts by noting that, back in June 2006,Walter Payton Bears Jersey, Hinckson was charged for possession of arms and ammunition. Datadin said that bail for that matter was granted by the then sitting magistrate, Gordon Gilhuys.He added that,Richard Dent Bears Jersey, while on bail, Hinckson’s lawyer made an application in the High Court seeking permission for him to leave the country.According to Datadin,Maliek Collins Jersey, the application was granted and the accused was told to return to court for his next trial date, but he failed to do so.Hughes then interjected. He asked that the court only accept a new application, since all the grounds stated by the prosecution are old facts and have been considered already.At that point, the magistrate ruled in favour of the defence. She advised the prosecution that only the new facts should be stated in his application.“I don’t want to hear anything that happened prior to July 11 when I granted bail. I am only dealing with new facts,” the magistrate cautioned.Datadin informed the court that his application is new,Ezekiel Elliott Cowboys Jersey, and his basis for objecting to bail is the likelihood of the accused not returning for his trial, as it has happened in the past.He added that the seriousness of the offence and the current state of the country should also be considerations.Meanwhile, Hughes argued that Hinckson not returning for his trial in not an issue, since the accused has been present and never missed any of his court hearings.He added that this shows Hinckson’s trust in the system. Hughes also reminded the court that the accused was granted bail in the High Court for the sedition charge.After listening to Hughes, the magistrate then enquired of special prosecutor Datadin if he had anything to say.Datadin asked that the court grant permission for the state’s witness to return to present the exhibits to the court.During the last court hearing, which was last Thursday, the witness was cross-examined by the defence, and at yesterday’s hearing, this line of questioning was expected to continue.However, the defence refused to continue the cross-examination, since all the exhibits which were supposed to be made available to the defence were not.Hughes told the court that he had requested the transcript of the alleged sedition speech made by Hinckson, a copy of his answers when he was questioned, and a list of the virtual complainants. However, only a list of the virtual complainants was made available to the defence.After a brief deliberation, Hughes decided that he would cross-examine the witness,Cody Whitehair Bears Jersey, but only as it relates to the list which was made available.After brief cross-examination, the magistrate adjourned the matter to September 12, when the remaining exhibits are expected to be made available to the defence, and the cross-examination of the witness is expected to continue.As it relates to the bail application, the magistrate said she will make her ruling until after September 24, when the matter in the High Court is expected to be called again. |
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