Hinckson remanded on 'advocating terrorism' charge

-Massay on bail over military kit

By Melissa Charles

Wednesday, March 12th 2008

Controversial ex-army officers Oliver Hinckson and Dorian Massay appeared in court yesterday on charges relating to advocacy of terrorism and possession of military kit and were remanded and granted $50,000 bail respectively.

A small, but vocal crowd gathered outside the Georgetown Magistrate's Court yesterday morning, but the curious had to wait a while as Principal Magistrate Melissa Robertson-Ogle left the bench just before Massay and Hinckson appeared, to go to the High Court.

When she returned about one hour later, around 11.30 am, Massay was taken into the docks and she read him a charge of unlawfully having in his possession one camouflage haversack, one camouflage jacket and one pair of boots, all acquired from military stores. Massay pleaded not guilty.

A battery of lawyers comprising Nigel Hughes, Vic Puran, Gregory Gaskin, Mark Waldron, Ronald Burch-Smith, Stephen Fraser and Leslie Sobers represented the men who were arrested on Wednesday last.

Making an application on behalf of Massay, Hughes said that since his arrest, Massay was being informed of the reasons he was being held by the police and that the charge before the court was summary and hence bailable.

Police Prosecutor Denise Griffith had no objection to bail.

Hinckson was next in the dock, charged indictably with advocating the commission of a terrorist act and uttering seditious statements. He was not required to plead to either charge.

Once again speaking on behalf of the team Hughes made an application on Hinckson's behalf. He provided the magistrate with a copy of the speech purported by the charge to be seditious. At a press conference hosted by Mayor Hamilton Green at City Hall on February 1, Hinckson had suggested that the Lusignan slaughter was more than a criminal problem and that all the evidence pointed in such a direction. He had recommended some form of discourse between government and the disenchanted.

"There must be some discourse between the so-called insurgents, those with a grievance and those who have the capacity to assist in that negotiation," he had said. He had further said he and other ex-officers were prepared to venture into Buxton to assist in some kind of negotiation between the government and the disenchanted.

Hughes told the court that the charges instituted against his client were for a "non-existent offence." He said that according to the relevant acts of the law; an act of terrorism or advocating an act of terrorism involves a direct involvement or articulating through speech dealing with bombs for destructive purposes, or any other treacherous operations. However, according to Hughes, not a single word in the defendant's speech advocated any of the above. He said that in offering his advice to the government, Hinckson "incurred the wrath of the powers that be". Prosecutor Griffith opposed bail citing the nature and gravity of the situation.

In a short statement, Puran told the magistrate that before she states whether she has the jurisdiction to deal with the matter, she must firstly determine whether the allegations constitute a proper charge. According to Puran, the particulars of the charge did not correspond with the stated offence. He said that on the charge of advocating a terrorist act, it must be determined whether there was intention to commit any such acts followed by an overt act. In the defendant's case, no such things were clarified.

Speaking to the press after the hearing, both Puran and Gaskin said that the legal team would be taking the next necessary steps.

Hinckson and Massay had arrived at court in a navy blue car. However, Hinckson left in the prisoners' van. His relatives were present in court. As he left the court, they shouted "hold it up" and "truth will prevail."

Hinckson himself told the media while leaving, "mischief is afoot but truth will prevail".

Hinckson and Massay were arrested on March 5 in an early morning operation. A green pick-up had pulled up at Hinckson's Meadowbrook home shortly after 8 am and reports are that both men went willingly with two plain clothes officers. They had been in custody since.

Massay returns to Court 6 on March 28, while Hinckson returns to Court 2 on March 13.