Treason PI adjourned for Court ruling on CDs
ARGUMENTS over compact disc (CD) recordings dominated the proceedings when the preliminary inquiry (PI) in the current treason case resumed yesterday. But after arguments from both sides, the pre-trial process was further adjourned for a ruling on the prosecution’s request for the original CDs to be played in court.
In the dock, before  Acting Chief Magistrate Priya Sewnarine-Beharry, were Guyana  Defence Force (GDF) Major Bruce Munroe, his wife, Carol Ann and former Army Reserve Officer Leonard Wharton.
Attorney-at-law Mr. Vic Puran, who was recently appointed, by the Director of Public Prosecutions (DPP), as Special Prosecutor, requested the playing because the defence, represented by Mr. Nigel Hughes claimed that the prosecution did not give the original CDs.
Puran said the CDs that were being played are duplicates of the originals that were never heard in court and it was an oversight on the part of the (DPP), but to play them would not take much time.
He said the prosecution intends to show that the CDs are faithful copies of the originals but, from the moment he took over the case, he realised that the equipment used to play them was malfunctioning.
According to him, more speakers will be added to make the reproduction clearer and avoid the background noise.
Hughes objected to Puran’s application.
He said: “Before the State charged people with treason, they should have provided authentic copies of the CDs to the defence. They are pretending to be fair to the accused but they are not. Their constitutional duty is to be fair but it is nothing but a masquerade.”
Hughes argued that the CDs given to the defence are not consistent with the originals.
He noted that, although the accused are guaranteed a constitutional right, which is to have a trial within a reasonable time, after 13 months, three of which the DPP, Shalimar Ali-Hack was on annual leave, the case is still being heard and the prosecution is asking for another delay.
“I submit that this application be refused,” Hughes said.
Responding, Puran said the submission by Hughes is without merit and that there has been no delay since his assignment to the case.
Puran said the DPP should have recognised the difficulties in listening to the recordings, as the prosecution needs to show that the defence was served with faithful copies of the CDs and that can only be proven when the originals are heard.
The magistrate questioned why the original CDs were not played at first in order not to waste time.
Puran answered:“I do apologise for the CDs not being played at the beginning of the proceedings.”
The magistrate will rule, on February 2, whether or not she will grant or refuse Puran’s application.
The Munroes and Wharton are accused of having, between December 1, 2009 and December 16, 2010, plotted to level war within Guyana and force the President out of office.
The charge for the capital offence is linked to the arson at the Ministry of Health in Brickdam, attempts to burn the Richard Ishmael Secondary School and the Supreme Court building, and the gun attack at Brickdam Police Station, all within Georgetown, in July 2009.