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…Magistrate cites faulty chargesBy Zena HenryTears and cheers concluded the treason case yesterday, when the three accused, Army Reserve Officer Leonard Wharton, Major Bruce Munroe and his wife Carol Ann Munroe, were discharged.For the three, their freedom came after a 25-minute long ruling by Chief Magistrate Priya Sewnarine- Beharry.The courtroom was silent as the Magistrate gave a summary of the submissions laid over by the defence and the prosecution, and then, a reading based on the legal findings of  the court after research and interpretation of the matter.On December 27, 2010, the three accused were arraigned on the treason charge. Ever since, they had been incarcerated. The state had claimed that the accused intended to use destructive materials to force the former President, Bharrat Jagdeo, to change his measures towards the country and at the same time, force him out of office.This allegation was proven untrue yesterday since it was the view of the court that important elements necessary to support the charge were omitted. Based on what the constitution stipulates,Jamie Benn Jersey, it had to be clear what the treasonous acts were and would therefore deem the persons traitors.Prior to the Munroes and Wharton being freed, a lengthy pre-trial hearing took place at the Georgetown Magistrates’ Court. For 14 months,Chris Chelios Jersey, the three had to be shuttling between the prison and the court. The matter first convened with the three persons being tagged as associates of the Colin Jones Gang.Jones and a number of other persons are charged with acts committed against the state such as setting fire to the Supreme Court and the Ministry of Health. They were also slapped with charges of murder,Gump Worsley Jersey, attempted murder, possession of guns and ammunition and more.Jones has pleaded guilty to several charges and is now facing an eight-year sentence, apart from those for which he is currently facing the court.On Tuesday Jones and some accomplices were again committed to the High Court, for reportedly setting fire to the Supreme Court.The state however tried to link the Munroes and Wharton as co-conspirators, conspiring with the gang and others unknown to cause an uprising.The case was initially being prosecuted by the Director of Public Prosecutions (DPP) herself,Colton Parayko Jersey, Madame Shalimar Hack. It was under her watch that the preliminary inquiry (PI) into the treason matter against the trio commenced.The state relied mainly on two witnesses, and within time, depended on a third. Star witness Quincy Critchlow took the stand on several occasions. This man had been the one to accumulate evidence against the persons. He was also the one who alerted authorities that the persons were allegedly conspiring to overthrow the government.He further provided audio evidence against the persons purporting to be the voices of the accused reportedly plotting their acts.Second witness Army Lieutenant Colonel Sydney James,Matt Dumba Jersey, also played a major role in the prosecution’s case. He provided Critchlow with the audio device to tape the persons in their alleged act. Apart from that, James testified to receiving the audios that would serve as evidence against the Munroes and Wharton. His main evidence was providing the court with Critchlow’s tapes.The third witness was Assistant Superintendent of Police (ASP) Simeon Reid. He joined the prosecution’s armory after working closely with the prosecution in ensuring the provision and correct handling of the tapes, which carried the whole of the prosecution’s case.Reid testified to how he handled the tapes. Lawyer Vic Puran was then appointed Special Prosecutor. He first argued that the equipment to play the tapes was not effective and prevented proper audio. He then asked that the court be moved to the National Communication Network (NCN) where he claimed that the audio tapes were being heard crystal clear.The court however rejected Puran’s request.Subsequent to that, the court as it saw fit,Jacob Trouba Team North America Jersey, did grant a replay of the tapes and a recall of the two main witnesses.It was during the cross examination by Defence Attorney Nigel Hughes,Sean Couturier Team North America Jersey, that Critchlow admitted that he had been hired to “set up three black people.”Critchlow further said that he was told what questions he should ask the three persons during the taping of conversations. Critchlow however declined to name names.Within a few days, the prosecution closed its case against the accused and submissions were laid over by both sides. It was then realized the flaw in the charge.According to law, for the act of treason to stand there must be two elements; the intention to commit treason and the manifestation of the intention, in other words, there must be an act,Brian Elliott Jersey, an overt one at that, where it clearly shows what the persons would have done to be treasonous.This was not done, argued Hughes. Puran responded that he would have amended the charge, but that such actions were no longer necessary as the overt act committed was the intention to commit the act. But the defence maintained that a thought, an intention or even to think of overthrowing a government could not be an act of treason or else, everyone who thought to overthrow or even kill the President would have to be prosecuted for treason.To the end,Steve Larmer Jersey, the court left no stone unturned. The magistrate touched on the submissions, the charge, the law as it related to amending a charge, and the particulars of a charge as these relate to the offence of treason.  With no prejudice, the court relied on the law, and passed judgment based on it.The three accused were ecstatic to finally be freed. When Kaieteur News spoke to Bruce Munroe, the man only wished to thank his God in whom he said he never lost faith. The same comments were uttered by Wharton who expressed his joy to be going home.Mrs. Munroe wasted no time in getting away from the crowd. She however thanked the Magistrate for seeing the truth and like her husband, awarded God the victory.Nigel Hughes expressed disappointment at the length of time it took for the matter to come to a close. He however said that the outcome was based on a bad charge which the court revealed.The Alliance for Change (AFC) also expressed its relief at the vindication of the treason accused. The party was overjoyed. Justice prevailed and the Munroes and Wharton are back with their families where they belong, the AFC said.