After 23 years in solitary confinement at the Richmond Hill Prison a High Court Judge in Grenada on Tuesday morning quashed the existing death and life sentence imposed on thirteen revolutionary soldiers convicted of killing former Prime Minister Maurice Bishop.

The forty four page judgement which brought some measure of relief to members of the Bernard Coard gang described the death and life sentences as illegal and unconstitutional.

That Judgement was handed down during a sitting of the Court by resident High Court Judge Justice Kenneth Benjamin. "In conclusion the following are the declaration and orders of the Court;

1: it is declared that the sentence of death imposed upon the applicants at their trial was unconstitutional and illegal"

2: "it is further declared that the imposition of the term of imprisonment for the remainder of the applicants natural life by the Governor General pursuant to the advice of the chairman of the advisory committee on the Prerogative of Mercy is unconstitutional, illegal, null and void"

3; "it is further declared that the failure by the respondents to provide the applicants with written reasons used to justify the dismissal of the applicants appeal against conviction is unconstitutional and illegal"

4; "It is ordered that, (a): the sentence of imprisonment of the applicants for their natural life be quashed, (b): the applicants be remanded to custody and brought before a judge of the High Court within 42 days to be sentence under the convictions dated December 4th 1986, (c) : the applicants be paid monetary compensation to be assessed by a judge in chambers and paid to the applicants by the respondents as a result of their failure to provide the applicants with the said written reasons

5: "The respondents shall pay the cost of the proceedings in the sum of ECC $15,000.00".

Those were the orders of the Court as pronounced by Justice Benjamin in respect to the constitutional motion filed by former deputy Prime Minister Bernard Coard, ex-military commander General Hudson Austin, former Minister of Mobilization Selwyn Strachan, Major Leon Cornwall,, ex-Lieutenant-Colonel. Ewart Layne and others convicted of killing marxist revolutionary Prime Minister Maurice Bishop along with 17 colleague members of his cabinet at Fort Rupert now Fort George on October 19th 1983.

In July of 2003, the said motions were argued before Justice Benjamin on behalf of the 13 prisoners by lead defense lawyer Keith Scotland of Trinidad and Tobago, his assistant Cajeton Hood of Grenada and Layne who argued on his behalf.

Responses to the motions were filed and argued on behalf of the state by Veteran defense lawyer Queen's Counsel Carl Hudson-Phillips.

After Tuesday's delivery of the judgement a number of friends and supporters of the Coard gang congratulated defense counsel Hood, Strachan, Cornwall and Layne who were present at the Court.

One of the important figures who was on hand to accept the judgement was Coard's daughter as well as close relatives on Cronwall, Layne and Strachan.

However on Wednesday Grenada Today contacted the offices of the Attorney General and QC Carl Hudson Phillip for comment with respect to the of the state's position and or intention to file an appeal, but both offices indicated that they had not been instructed to do so and that they are yet to receive the written judgement.

In 1986 fourteen of the seventeen including Phylis Coard wife of Bernard Coard were convicted of murder and sentenced to death by hanging, while the other three were given consecutive sentences for manslaughter.

Two years ago the three took their concerns to the Grenada Constitution Court challenging the legality of the sentences in a constitutional motion which went in their favor.

The state later received a stay of execution from the OECS Court of Appeal who also quashed the ruling of the constitutional court. The three has since appealed that decision to the London based Privy Council.