Magistrate halts attempt to duck fireworks charges

MAGISTRATE David Harris yesterday denied an application by attorney Douglas Mendes SC to dismiss the exposing explosives for sale without a licence charges laid against his clients, the owners of S Chang Variety Store located at 10 Charlotte Street, Port-of-Spain.

Susan Chang, 54 and her 25-year-old son, Willie Chang, both of Carenage, were arrested on Thursday following a city-wide raid by officers of the Firearm Interdiction Unit. They were subsequently charged by PC Carl Francis for selling fireworks without a licence. According to Mendes, the charges against his clients did not exist as there was “no offence for offering the sale of fireworks” in the Explosives Act. Because of the way in which the charges were stated, he said, his clients had not committed any offences.

Police prosecutor Cpl Surrendath Sagramsingh, however, argued that the charges were clearly outlined and requested that the exhibit be sent to the Forensic Science Centre to be analysed. He also requested that the prosecution be allowed time to seek legal advice on the matter. The matter was stood down and Sagramsingh left the courtroom. On his return, he then requested that an adjournment be allowed in order for the prosecution to get further legal counsel to consider the option of an amendment to the wording of the charges. Mendes, who was anxious to get started with the trial, then conceded to the charges and asked Harris to begin the trial immediately.

The prosecution, however, said it could not proceed because the two witnesses were not available to give evidence. In addition, Sagramsingh said, the exhibits, which were not brought to court, had not yet been analysed by Forensics. The Changs, who had each been granted $20,000 own bail by Justice of the Peace Winston Best on Thursday afternoon, will re-appear in court today. The defence team included Mendes, Stuart Young and Ian Roach.

Meanwhile, in a separate incident, another business woman, Nylah Khan, appeared before Harris on a similar charge. Khan, whose business place is located at 103 Western Main Road, St James, pleaded not guilty to the charge of exposing explosives for sale contrary to Act 10.02 Section 10.07. She was represented by attorney Lydia Mendonca and will also re-appear before Harris today.