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In a twist of events yesterday, sedition accused Oliver Hinckson was granted $1 million bail for the conspiracy to commit a terrorist act charge. Bail was granted by Principal Magistrate Melissa Robertson-Ogle.However, late yesterday evening, the High Court ruled that the decision by the magistrate to grant bail on that charge was in contravention of an earlier High Court ruling.Chief Justice Ian Chang, on a previous occasion, had ruled that Hinckson would not be granted bail on the conspiracy charge.The announcement of bail in the Magistrates’ Court came moments after his lawyers argued that it was unlawful for the matter to be transferred to that court and to be presided over by the Principal Magistrate, having already been started in another court. Defense counsel Vic Puran, who led the defense team, told the magistrate that it is unlawful and a grave injustice for the matter to be transferred.Puran argued that the matter has been substantially part-heard by Magistrate Gordon Gillhuys and it would be unfair for another magistrate to preside over the matter. It was further noted by Hinckson’s attorney that the transfer was not done on a court date assigned to the accused. No hearing was afforded to the accused; no reason was given for the transfer; and further, Mr. Gillhuys is still the sitting magistrate, the defence argued.“This court cannot usurp trial over Mr. Hinckson unless this court is satisfied that he is properly before you (the court),” Puran argued. He further pointed out that the fact that the case has taken the course it has means the state is unable to proceed.“Instead of frankly coming out and saying that they (the state) are unable to proceed with the matter, they have assigned this matter to Your Worship…It is against that backdrop that we, the defense team, will make a bail application.”Meanwhile, another member of the defense team,Wholesale NFL Jerseys, Nigel Hughes, managed to secure bail to the tune of $100,000 in the High Court on the sedition charge.Hughes further informed Magistrate Robertson-Ogle that it was only at yesterday’s court hearing in the High Court that they were made aware that the matter had been transferred. He said this was brought to their attention by a representative of the Office of the Director of Public Prosecutions, Ms. Sonia Joseph.Hughes said that, having been told this, he immediately enquired about the methodology used in transferring the matter. He added that the issue of the delay in the case was also brought before Chief Justice Ian Chang.“Now, Your Worship, given this present circumstance, there will be a further delay,” Hughes said.He added that the Chief Justice, after granting bail on the sedition charge, instructed the Police Prosecution to speed up the trial for the conspiracy to commit a terrorist act. It was also brought to the court’s attention that the Chief Justice has set August 11 for the prosecution to report on the progress of the matter.Having said that, the defence team said, they were prepared to go ahead with the conspiracy to commit a terrorist act charge against Mr. Hinckson.However, the Police then informed the court that special prosecutor Sanjeev Datadin, who was assigned to the matter, was not present in court, and as such asked for another date.To this the defense team said that the words of the Chief Justice should be fulfilled, and that the matter should be heard despite the absence of Mr. Datadin.After listening to the arguments, Magistrate Robertson-Ogle said the matter will be called again on July 24.To date, Hinckson’s defense team has managed to secure bail for the offences for which he is currently before the court. For the arms and ammunition charge, Hinckson was granted bail to the tune of $85,000; and for the sedition charge, he was granted $100,000 bail. |
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