JUSTICE Jainarayan Singh yesterday recused himself from hearing the bail application of former Guyana Defence Force (GDF) Lieutenant Oliver Hinckson.

The judge, before granting the applicant’s counsel, Mr. Nigel Hughes, two days within which to file a reply to the opposition, said he was withdrawing from the proceedings because, as a practising lawyer, he had represented Hinckson in the past.

Justice Singh said, he has decided, in the interest of justice, to recuse himself from the present case.

Despite the stand he has taken, the judge, nevertheless, granted leave to enable Hinckson to properly reply to the allegations made by Police Crime Chief Seelall Persaud.

Later yesterday morning, Acting Chief Justice Ian Chang said, though he did not think that representing a person as a defence lawyer was a proper ground for withdrawing from a case, he assigned Justice William Ramlal to handle the matter.

Hinckson, charged with sedition and conspiracy to commit a terrorist act, was refused bail by two magistrates before approaching the High Court, also for a declaration that his right to freedom of expression had been breached.

Among other things, Hinckson said, in an affidavit, that he had previously attended Court to answer charges of illegal possession of firearm and ammunition.

He said, whilst those charges were pending, he had successfully petitioned the High Court for permission and was allowed to depart the jurisdiction from December 24, 2006 and returned on or before January 26, 2007, long after the cases were called.

Senior Superintendent Persaud alleged that, in the past, Hinckson displayed propensities which strongly suggest that he will be a flight risk if admitted to bail.

Persaud said Hinckson escaped from lawful custody whilst serving a sentence of two years and nine months in 1976.

The Police officer said records indicate that, while Hinckson was at the Magistrates’ Court to answer another charge stemming from a bank robbery, he jumped over the balcony, fled to freedom and evaded trial.

Persaud also said the invocation of the Court’s constitutional jurisdiction is an abuse of the process, completely ill-conceived and without merit and the petitions should be dismissed with a substantial award of costs.

For the respondents, the Attorney General and Police Detective Corporal Suraj Singh, Legal Adviser in the AG’s Chambers, Mr. Naresh Harnanan appeared yesterday.