THE Quezon City Regional Trial Court has junked charges filed against former Assemblyman Homobono Adaza, and four others over an attempt to unseat the Arroyo administration.

Branch 92 Judge Samuel Gaerlan, in a six-page decision, absolved Adaza, retired military officials Ernie Amboy and Cesar de la Pe?a, and former police Supt. Rafael Carde?o, saying the prosecution failed to substantiate accusations of plotting an overthrow.

?There is no iota of proof being offered in their respective statements that will clearly show how the crime of coup d? etat will be carried out,? he noted.

He said there was no evidence to link Adaza and co-respondents to an uprising with funds solicited from a Japanese businessman, Motonori Sakuma.

Authorities arrested Adaza and his companions in an entrapment at a hotel in Quezon City on July 2, 2008.

The arrest stemmed from the complaints of lawyer Raymond Fortun that Adaza?s group made the proposal to his client and even threatened him.

Johanne Maria Laurilla, Fortun?s secretary, facilitated the talks between Sakuma and Adaza?s group during the sting.

Adaza made a flat denial and questioned the court?s jurisdiction over him and his warrantless arrest, and inquest proceedings before the Quezon City Prosecutor?s Office.

In defense, Adaza said their right to privacy was violated by authorities eavesdropping on their meeting.

?The police officers did not secure any court order to tape or overhear the private conversation between Ms. Laurilla and the police officers. Clearly, it is beyond doubt that the pieces of evidence presented by the prosecution are inadmissible in evidence. They are the ?fruit of the poisonous tree?.? Rio N. Araja