TRIO FREED OF TREASON
PHONES around the court precincts were buzzing and persons were cheering as the news quickly spread that the three treason accused were freed yesterday. As soon as Acting Chief Magistrate Priya, Sewnarine-Beharry ruled that the charge against Major Bruce Munroe, his wife, Carol Ann and former Reserve Officer Leonard Wharton, had been dismissed, they stood up in the dock and, tearfully, thanked God.
The magistrate, who took approximately 25 minutes to deliver her ruling, held that the charge was bad in law and cited several case laws supporting that the argument that overt acts were not in the particulars of offence.
Special Prosecutor, Vic Puran congratulated the defence team but, later, indicated that Director of Public Prosecution (DPP) Shalimar Ali-Hack would explore the possibilities of reopening the preliminary inquiry (PI).
In an invited comment, Puran said the magistrate ruled that the charge was bad in law and, therefore, she did not have to look at any other issue.He said, while he respects the magistrate’s ruling, he is of the humble view that she misdirected herself on the law.

Scenes from outside the Georgetown Magistrates’ Court yesterday.

“The magistrate referred, several times, to charge and indictment in her ruling, neither of which were before the court and, therefore, referring to charge and indictment was inapplicable. This was a mere preliminary inquiry, it was not even an inquiry, it was an event merely preliminary to an inquiry and all a magistrate is required to do is to see whether an offence has been committed,” Puran said.
The Special Prosecutor stated, further, that Section 49 of the Criminal Law Procedure Act does not require an accused person to be before the court for the inquiry to be held. He said the consequence is that the accused persons were discharged without the court inquiring as to whether an offence was disclosed.
The accused, who were all incarcerated for approximately 14 months, first gave thanks to God and reiterated that their innocence set them free.
Defence counsel, Nigel Hughes, for all three accused, told reporters outside the courtroom that the deciding factor in the case was that the charge was bad in law.

NO-CASE SUBMISSIONS
He said the charge, as framed, was unknown to law and the magistrate upheld the defence no-case submissions.
When Munroe exited the court building, he credited his legal victory to God. “I feel vindicated. God always answers prayers and I never had doubt in the God that I serve that he will vindicate us one day. The truth did come out in court and I’m thankful,” he told reporters.
Wharton equally praised God for his acquittal and later added that a good lawyer, a strong wife and the fact that he was innocent helped him to be a free man.
“It is a learnt lesson for me” said Wharton.
The Munroes and Wharton were accused of having, between December 1, 2009 and December 16, 2010, at Soesdyke, East Bank Demerara, intended to level war within Guyana to force the President out of his office, in order to compel the Government of Guyana to change its measures. The trio was arrested on December 27, 2010.