Firearms board in judge’s hands

FAB members have not been appointed for the past two years, and Tiwary-Reddy on Tuesday concluded hearing a lawsuit filed by Oscar Ramoutar.

Ramoutar, who sued Prime Minister Patrick Manning and his Cabinet, was granted leave by Justice David Myers to challenge the non-appointment of the new board. Members of all Statutory Boards are made by the Prime Minister and Cabinet, who advise the President of the Republic to make the appointment.

The lawsuit’s grounds are contained in an affidavit in which Ramoutar stated that his Firearm User’s Licence was cancelled by the Commissioner of Police in May 2003. He wrote to the Firearms Appeal Board seeking a review of the commissioner’s decision. However, Ramoutar stated, the board secretariat informed him that since the new board had not yet been constituted, his appeal could not be heard.

Ramoutar is seeking a High Court Order of Mandamus, directing and ordering the Prime Minister and Cabinet to advise the President to appoint a new board. Attorney Anand Ramlogan is representing Ramoutar.

At Thursday’s hearing of the matter in the San Fernando Civil Court, attorney representing the State, Neil Byam, told Justice Tiwary-Reddy that he had not yet filed an affidavit on behalf of the Minister of National Security. Byam told the judge that he recently received alternative instructions.

Ramlogan complained to Tiwary-Reddy that the State was "constantly fooling the court" and prolonging the case, which he said was of grave and urgent importance. "The country is facing a terrifying crisis," Ramlogan said, "in which businessmen are applying and being denied their firearms licence." The attorney told the judge that the avenue for appeal was blocked by non- appointment of the board. "That is the harsh reality in this society. The State, by its refusal to appoint a board, is leaving the business community at the mercy of gun-toting criminals," Ramlogan said.

Tiwary-Reddy reserved judgment until October 19.