EX-GUYANA Defence Force (GDF) Lieutenant Oliver Hinckson, mired in allegations of sedition and conspiracy to commit a terrorist act, was yesterday further remanded to prison when he made another appearance before Magistrate Gordon Gilhuys.

The 64-year-old Army veteran, of Lot 167 Meadow Brook Gardens, Georgetown, was given his next Court date as April 11.

The charges against him said, last January 31, he advocated terrorism and made a seditious speech to the public and news media, the purpose of which was to solicit hatred and contempt and promote public disorder.

When the preliminary inquiry (PI) into the indictable charges was to begin yesterday, Police Inspector Robert Tyndall, prosecuting, said, based on instructions he received, he could not proceed.

Tyndall said his advice, from the Chambers of the Director of Public Prosecutions (DPP), was that the lower Court proceedings should await determination of the related matters in the High Court.

The Prosecutor said he was advised that the issues to be determined in the High Court have a bearing on those in the Magistrate’s Court.

One of the Defence Counsel, Mr. Nigel Hughes said there is no application in the High Court to stop the Magistrate’s Court process and he argued that, even if the judge finds that Hinckson’s rights were breached, the cases in front of Magistrate Gilhuys could not be quashed.

The magistrate told Hughes that, as the next High Court hearing is fixed for today, if he continued with the PI yesterday, there was a possibility that he would have done so in futility, once the higher tribunal ruled that the charges were bad.

Hughes maintained there is nothing to compel the staying of the Magistrate’s Court procedure pending the High Court ruling.

He said the magistrate is the only one who could hear the matters and deal with the criminal aspects.

This is a pure fabricated excuse for their incompetence,” Hughes declared, in reference to the contention of the Prosecutor.

Responding, Magistrate Gilhuys said to Hughes: “I want to agree with you. I agree that the Prosecution cannot stand up and say that I can’t proceed because of what is going on in the High Court. But why would a sensible Court decide to proceed, if the matters are likely to have a determination tomorrow?”

He added: “I prefer that the High Court deal with the matter of Hinckson’s fundamental rights. They would also deal with the issue of bail. It’s only fitting of me to hold my hand until the High Court decides whether the fundamental rights of Hinckson have been breached.”

Hughes submitted that the two Defence applications in the High Court do not touch the conspiracy charge, only the sedition, which stems from statements made by Hinckson at the Mayor’s press conference.

Hughes implored the magistrate to consider granting Hinckson bail, as the Prosecution has admitted inability to proceed, which means the accused will not be able to start his defence within a reasonable time.

Hughes said the accused is a University of Guyana (UG) student and should not be denied the opportunity to sit examinations because the Police are not prepared to commence.

Magistrate Gilhuys said he was sure that by the next date the Prosecution would be ready to go on and he wished the Defence team “all the best” in the High Court quest today.

The cases in which Hinckson and other ex-soldier James Gibson are jointly charged with illegal possession of a firearm and ammunition were also called yesterday and the magistrate announced that he was recalling the warrant previously issued for Gibson and proceeding ‘ex parte’ (in his absence).

Police Constable Cleveland Brown then resumed his oath and Defence Counsel Mark Waldron briefly continued cross-examination of the witness.

However, on the resumption at 13:30h, the magistrate said he was adjourning the matter, to Thursday, for reasons known only to himself.

Particulars of the offence surrounding the joint charge said, on June 6, 2006, in an Aubrey Barker Street, South Ruimveldt house, in Georgetown, too, the defendants had a .380 pistol, 12 rounds of matching ammunition and twenty-six 12-gauge shotgun cartridges without licences for them.