Latest update February 5th, 2025 11:03 AM
Treason PI continues…Prosecution seeks to amend charge after defence no case submission
Yesterday as the treason matter continued against Army Reserve Officer Leonard Wharton, Major Bruce Munroe and Carol Ann Munroe, Special Prosecutor Vic Puran indicated to Chief Magistrate Priya Beharry that he would be making an application to amend the particulars of the charge.
Puran conceded that in the particulars of the charge, no overt acts were made out and consequently he would be seeking to make the amendments. 
However the defence team, which includes attorneys-at-law Nigel Hughes and Gregory Gaskin, has since indicated that it would be opposing the application to amend the charge.
Accused Carol Ann Munroe, in an emotional outburst immediately after Puran indicated that he wanted to amend the charge, reminded the court that she had been incarcerated for 449 days, been away from her children and separated from her husband and family.
Chief Magistrate Beharry granted the prosecution until next Monday to lay over their submissions on the proposed amendment.
The prosecution closed its case on March 5, last, following which the defence then made no case submissions.
The defence noted that upon a review of the particulars of the charge, it becomes immediately apparent that the critical element of manifestation of the intention by an overt act has been left out.
“What is the effect of such an omission in the particulars of the charge?…It is respectfully submitted that the omission is fatal,” the Defence submitted.
The court was told that by the absence of any reference to any overt act in the particulars of the offence, a critical element of the offence has not been alleged.
“The accused are required at law to apply their defence to the alleged overt acts and in the absence of any such acts being pleaded or stated in either the particulars or separately under the heading Overt Acts of the Offence, the accused were irreparably deprived of the essential elements of the offence on which the prosecution had purported to lay the charge,” the defence argued.
It was also noted by the defence that the consequence of such an omission cannot be cured by an amendment to the particulars.
“The Accused were at all times unaware of any overt acts upon which the prosecution intended to rely in support of their efforts to establish that a sufficient case had been made out.”
The Defence further made reference to the testimony of the prosecution’s principal witness, Quincey Critchlow which was to the contrary. “Under cross examination on the 19th January 2012 he testified ‘Yes, it would be correct to say that Mr. Wharton did not do a single act physically to remove the government. No, I did not see Bruce Munroe do anything physically to overthrow the government. No, I did not see Mrs. Munroe do anything physically to overthrow the government’.”
It was put to the court by the defence that there is a complete absence of any evidence which suggests even remotely that any of the accused intended to levy war to overthrow the Government.
“It is respectfully submitted that no evidence has been adduced by the prosecution that the accused, whether individually or jointly, intended to levy war. The testimony of principal prosecution witness Quincy Critchlow on the 24th January 2012 was ‘Yes, he was basically advocating for political rights for black people. No, he never said to me that Black people must pick up arms. No he never said to me that black people must go about the place bombing Ministries’.”
According to the defence, the charge requires that an accused person must intend by force or constraint to compel the Government of Guyana to change its measures.
“The only evidence by Quincy Critchlow on the issue of accused seeking to change the Government measures was contained in his testimony-in-chief on the 7th March 2011 when he testified ‘At the time, the Munroe’s told me that they were part of an organisation, the name of which I will learn in time to come’.”
State assigned Prosecutor, Vic Puran, will be called next Monday to make his challenge to the no case submission. The court will also hear his petition to change particulars of the court.
Similar Articles
THE BLUNT OF THE DAY
Sports
Features/Columnists
Democracy is a long-term commitment
Peeping Tom… Kaieteur News- Some things in life just shouldn’t have an expiration date—like true love, a fine bottle... more
OAS Secretary General Election and renewed OAS Consensus
Antiguan Barbudan Ambassador to the United States, Sir Ronald Sanders By Sir Ronald Sanders Kaieteur News- The upcoming election... more
Weekend Cartoon
