How Could Anyone Be Pardoned For A Crime They Never Committed?

[Mimbari]

December 02-2008:

WORD-UP:

How could anyone be pardoned for a crime that he or she was never
tried in "Habeas Corpus" or Court Of Law. But was only arrested on
suspicion of some involvement in that alleged crime?

Well, that is what has happened in The Republic Of Guyana. The accused
name is Philip Bynoe, accused for being a part of group that stormed
the Office Of The President in July-03-2002.

President Jagdeo took the false initiative to pardon this man, even
though he was never tried for his alleged crime in any Court Of Law in
Guyana. This contradicts all hitherto known jurisprudence, and makes a
mockery of the Judicial process in Guyana.

Derryck.
Guyanese-NYC.

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Guyana President Grants Pardon To Treason Accused:

CaribWorldNews, GEORGETOWN, Guyana, Tues. Dec. 1, 2008: Guyana
President, Bharrat Jagdeo, on Monday pardoned a man accused of
committing treason in 2002.

Phillip Bynoe, who had faced a treason charge along with journalist
Marc Benschop following the July 3, 2002 storming of the Office of the
President, was officially pardoned of his alleged crime on Monday,
according to the Presidnet.

In a statement from his office, Jagdeo, said that `acting in
accordance with the powers granted to him in Article 188 of the
Constitution of the Republic of Guyana, has decided to and so do,
grant a free pardon to Mr. Phillip Bynoe.`

Bynoe had apparently requested a pardon since 2007, and according to
the Office of the President`s statement, had expressed `his remorse
over the incident; the invasion of the Office of the President, and
the destruction of public property.`

`He also recognized that the event was an attack on a democratic
institution of the state and not directed at the President,` the OP
statement added.

Bynoe, a former parliamentarian for the main opposition Peoples
National Congress Reform welcomed Jagdeo's decision. Benschop was
pardoned by Jagdeo last year after spending several years in prison
while Bynoe remained on the lam. At the time, President Jagdeo had
said the charge against Bynoe would not be dropped. According to the
laws inherited from Britain at the time of political independence in
1966, treason is an offence only punishable with death by hanging.

Meanwhile, the Caribbean Guyana Institute for Democracy, last night in
a statement, however, claimed that `the President has no
constitutional or lawful power to pardon someone who has not been
convicted of a crime.`

`The PPP regime continues to dismantle the constitution and trample on
the rule of law,` said CGID president, Rickford Burke. `The President
has no constitutional or lawful power to pardon someone who has not
been convicted of a crime. If someone is charged with a crime for
which the government has no evidence to prosecute, the lawful course
of action is for the DPP to drop the charges or request a dismissal by
the courts.`

The organization also said they `always believed that the co-
conspiracy charge against Phillip Byone was a gimmick – a subterfuge
to `get` Mark Benschop.`

`It is an established fact that Benschop has no relationship with
Bynoe or in any way conspired with him to commit a crime. In fact on
Friday, February 21, 2003, Supreme Court Justice, Jarnarayne Singh,
made the following finding of fact `..The evidence established that
Mark Benschop did not possess any weapon or explosive or attend any
meeting where the Police alleged Bynoe spoke. Benschop was never seen
in touching distance of Bynoe or with Bynoe at all.

`The Guyana government never sought to arrest Phillip Bynoe. He
operated openly in plain view of the government and security forces.
Our security sources informed us a while ago, that Bynoe could have
played a strategic role in the security forces knowledge and attack of
the `Fineman` gang at Christmas Falls. So I am not surprised that a
quit quo pro has now become manifest. `

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