CJ warns of tougher sentences for firearms

He also cautioned that people charged with possession of arms and ammunition and other charges should not expect their sentences to run concurrently. He said because of the crime situation in the country, no leniency will be given even to first offenders convicted of possession of arms and ammunition. The CJ issued the caution yesterday while dealing with a magisterial appeal involving three men convicted of possession of arms and ammunition.

CJ Sharma said that guns were being used to commit horrendous acts of violence, and that the court must do everything in its power to ensure those who are in unauthorised possession of guns for unlawful purposes were dealt with.

One of the three men, convicted of illegal possession of arms and ammunition, had his sentence affirmed, while another was set free and a third was ordered to receive a retrial by the Court of Appeal yesterday. Assistant DPP Roger Gaspard was the prosecutor in the matter. CJ Sharma and Justice Ivor Archie quashed the conviction and sentence imposed against Robin St Louis, and set him free yesterday, while they ordered Rajesh Sookwah be retried for the same offences. The conviction and sentence against Brandon Hepburn, who was the driver of the car in the incident, was affirmed.

According to the evidence, the police had seen the trio sitting in a car on St Joseph Road, Laventille, on September 29, 2000. Sookwah, who was in the back seat, allegedly touched the driver, Hepburn, who then sped off. However, the car came to an abrupt stop mere metres away when a traffic light turned red.

The police searched the car and found a loaded firearm between the two front seats.

The three men appeared before Magistrate Avason Quinlan charged with possession of arms and ammunition, and were each found guilty and sentenced on December 15, 2000 to 30 months hard labour on each count. She ordered the sentences to run concurrently.

Attorneys Theodore Guerra SC and Richard Clarke-Wills argued that St Louis was a passenger in the car which was being used as a "PH" (a private car plying for hire as a taxi), and that the prosecution failed to bring any evidence to show that St Louis had knowledge and control of the firearm in the car. The court agreed.

Attorney Ravi Rajcoomar pointed out that at Sookwah’s trial, his lawyer failed to lead evidence about Sookwah’s good character. In the circumstances, the court quashed his conviction and sentence and ordered a retrial.

Hepburn was represented by attorney Carlyle Constantine, who failed to persuade the court to interfere with his conviction and sentence. In Hepburn’s case, the court found that as the driver, he had control of the car and everything in it, and that the onus was on him to distance himself from the firearm.