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'I am innocent of charge: I never planned to overthrow Government'
---Treason accused Mark Benschop
By George Barclay
TREASON accused Mark Benschop told the Court in a statement from the dock yesterday: "I am innocent of this charge. I never invited anyone to enter the Presidential Complex on July 3, 2002, nor did I invite anyone to enter the Presidential Complex."

This was incorporated in his un-sworn statement from the dock, which he elected to give after Justice Winston Moore told him that he had three options, which were: (a) to make an un-sworn statement after which no one could question him; (b) make a statement from the witness box, from where he could be subjected to cross-examination like the witnesses of the State; or (c) take refuge in silence by saying nothing.

The former television talk show host elected to make an un-sworn statement from the dock. Benschop began his presentation by saying that on the day in question, he was informed by someone on the phone, who claimed that there was a "shooting out" at the Office of the President, and that protesters were involved.

He added, "I stopped whatever I was doing and headed towards that direction. As I approached Regent and New Garden Streets, I saw scores of persons running from the direction of the Office of the President. People were screaming. They were running all over the place. Several elderly women approached me crying. They said, 'They shooting we, they shooting we, for nothing at all they shooting we'."

Benschop, who was yesterday attired in a brown suit with white shirt, added, "At that time I heard sounds which appeared to be gunshots coming from the direction of the Office of the President. I proceeded in that direction. As I was heading to the Office of the Presidential Complex, the Black Clothes Police and the ambulance arrived.

"I grabbed a loud hailer from an individual and began saying, 'Stop shooting the people.' The bridge to the Presidential Complex was empty. I saw Presidential Guards rounding up persons and escorting them to the Accounts Department. I was asking them to "Stop shooting. Stop shooting. Let the people out. Send them off to hospital'."

"When I looked up, I saw Dr. Roger Luncheon, who is Head of the Presidential Secretariat."

Benschop went on to say that he did not know Phillip Bynoe more than saying 'Hello' to him. He added, "I have never planned with him or anyone to overthrow any Government. I have never encouraged anyone to do anything illegal. I have never done so. I believe in a democracy and I believe that the only way a government should be removed is through legal means - that is through the ballot box. I am innocent of this charge."

Leading Counsel for the Defence, Mr. Basil Williams, told the judge that he would not be calling any witness. He then began his address to the jury.

Mr Williams told the jury that although on that day, Benschop was not armed with even a penknife or a matchstick he was arrested and charged with treason. It was alleged that he had formed an intention to overthrow the Government of Guyana by force on July 3, 2002 by encouraging other persons to forcibly and unlawfully enter, and take over the Office of the President.

Pointing out that the penalty for treason is death by hanging, Williams asked, "What has Benschop done to suffer death by hanging for treason?"

He then accused the Prosecution of failing to establish that a crime of treason was committed and pointed that all the Prosecution witnesses had given conflicting and inconsistent evidence.

According to the lawyer, the unarmed protesters, who the witnesses stated were told to go into the compound and take over, were never in control of the President's Office.

He noted that the people who went in that compound were charged with riotous behaviour. Even Benschop was similarly charged with riotous behaviour, Williams said.

He said that the alleged offensive acts used by Benschop must be referable to some reasonable act or design before he could be convicted for treason.

Mr. Williams submitted to the jury that the charge for treason had failed beyond a reasonable doubt, and he urged them to find Mark Benschop innocent of the crime by returning a unanimous verdict of not guilty.

This morning private Prosecutor Mr. Anil Nandlall is expected to begin his reply to the jury.