ACTING Chief Justice Ian Chang has dismissed an action by former treason accused Mark Benschop, who had sought relief for his incarceration on the charge. The judge, last week Thursday, ruled that he had decided the particular point in a similar matter since April 2008 and the new case was already determined.
Benschop was seeking, among other things, a declaration that the failure and or refusal of the Court of Appeal of the Supreme Court of Judicature to hear his appeal from a decision by Justice B.S. Roy is a further breach of the appellant’s right guaranteed under Article 144 of the Constitution.
Benschop also sought compensation for his being incarcerated without bail on the indictment for the capital offence.
The Chief Justice, describing the one by Benschop as similar to a motion with which he previously dealt, observed that, sometime after the filing of it, the applicant was the recipient of a pre-trial pardon granted him by the President.
The judge said his decision has nothing to do with the expiry of time between the filing of the motion and the grant of the pardon but saw no useful purpose of awarding costs against the applicant in the circumstances of the case.
After all, the President, as the Head of State, has pardoned  the applicant and there is no reason why the court should, in the circumstances burden the State  with an award of costs in favour of the Applicant, the Chief Justice had said in his April 10, 2008 decision.