Today, precedence may be set for all legal gun owners who may be charged with any of a number of offences including sexual assault as Chief Magistrate Marcia Ayers-Caesar rules whether or not six police officers are to be granted bail.
Last Thursday, the Chief Magistrate remanded six police officers in custody until today as she considers whether they are eligible for bail under the Bail (Ammendment) Act 2015. Court prosecutor Insp Winston Dillon argued that the men all committed offences under the prescribed law that denies bail.
The officers: Steve Williams,35, of Heights of Guanapo Road, Arima; Brandon Thompson, 25, of Seeyjagat Trace, Tumpuna Road, Arima; Ronald Samuel, 32 of Duncan Trace, San Juan: Kevon Patrick, 30, of Kingdom Avenue Bypasss Road, Arima: Ryan Grandison, 27, of Tunip Lane, La Horquetta and Dion Ottley, 31, of Bon Air Gardens, Arouca are charged with a combined 42 offences and will re-appear in court today.
Attorneys representing the men- Sterling John and Vince Charles, argued then that the law must be interpreted to mean unlicensed firearms. Ayers-Caesar’s ruling may set precedence for other magistrates faced with the dilemna, particularly since magistrates seem to have differing interpretation on the matter.
On May 28 last year constables Ryan Mahabir and Justin Charles were both denied bail by magistrate Aden Stroude after they appeared in court charged with soliciting $1,500 from Michael Lewis on May 2, at St Helena Junction, Piarco, to forego a charge of driving under the influence of alcohol.
They also are charged with concealing two evidential results from a breathalyser test at the Caroni Police Station. Mahabir faces a third charge of making a false entry into the station diary, claiming that Lewis was held for a loitering offence, warned and allowed to leave the station.
Defence attorney Fareed Ali then argued that the spirit of the law seemingly addressed those who were in illegal possession of a gun. He added that by virtue of their office they should not be denied bail, given they have legal authority to be in possession of a gun. Ali added that since the law was then only one month old he had no past cases to refer to substantiate his claim.
Stroude disagreed, saying that the law addresses offences and not people who may or may not be holders of firearm users licences. Another officer PC Lorenzo Lezama was also denied bail when he appeared before Stroude on May 1. He was the first officer to be denied bail under the Bail (Ammendment) Act and the first person to be denied bail under the legislation. Lezama is accused of shooting two men with intent to cause them grievous bodily harm on Carnival Tuesday last year.
Meanwhile PC Justin Abraham was granted bail by Senior Magistrate Gillian Scotland-David after he appeared before her on June 7 charged with misbehaviour in public office and assault. According to the interpretation of the law by some, misbehaviour in public office is a non bailable offence if committed with possession of a firearm.
Since then police officers have been receiving mixed responses from magistrates, some arguing that the law includes anyone with a gun that commits any of the specified offences while others are stating that the law is clear in that only those with illegal firearms are to be denied bail.
Former attorney general Anand Ramlogan SC has mounted a legal challenge to clarify any ambiguity on the behest of the Police Service Social and Welfare Association. The legal challenge began following the denial of bail to Mahabir and the matter is set for trial before Justice Carol Gobin in the San Fernando High Court on February 4. Ramlogan who along with Kent Samlal and Jayanti Lucthmedial is contesting that the law as amended have officers and legitimate gun owners fearful that they could be subject to a 120 day jail time if charged for any of the listed offences.
In a telephone interview with the T&T Guardian las Friday Ramlogan said he wants Gobin to give the correct interpretation of the ammendment adding that it should exclude those that are in lawful possession of a firearm.
“Police officers are easy targets for allegations and they are entitled to be innocent until proven guilty, however, if they lose their right to bail simply because they had their firearms on them and they were on official duty when the allegation were made, then this will definitely have a debilitating impact on the morale of the police service. At a time when crime has reached an astronomical proportions, police will now no doubt be understandably reluctant to carry their firearms because of the intended risk,” Ramlogan said.
The law which was piloted by then attorney general Garvin Nicholas was interpreted by him in a response to the T&T Guardian last year stating: “If any person is charged with committing a scheduled offence while having in their possession a firearm, the act applies. The Bail Act has to be read in conjunction with section 6 of the Firearms Act Chapter 16:01.”
Attempts to get a response from Attorney General, Faris Al-Rawi and Stuart Young, Minister in the Ministry of the Attorney General and Legal Affairs were unsuccessful. Head of the Criminal Bar Association Senior Counsel Pamela Elder, when contacted said she will not be able to comment on the issue at this time.