Charged with gun, ammunition, weed possession

Ackimo Penniston, of Plaisance Park, St Margaret’s Village, near Claxton Bay, appeared before Magistrate Brambhanan Dubay in the San Fernando Magistrates Court.

Dubay read the charge that on Friday at Southern Main Road, Marabella, Penniston had in his possession the gun, ammunition and the marijuana. However, police prosecutor Sergeant Parasan Ramsumair, told Dubay that the charges were laid indictably and there was not yet advice on whether the police should proceed summarily.

Attorney Ainsley Lucky who represented Penniston, submitted that he found it rather unusual that even charge involving the marijuana, which weighed a mere 1.5 grammes, was so laid.

Dubay said he had no powers to change the charge from indictable to summary and must proceed to conduct the case in accordance with how it was laid.

Indictable cases require the magistrate to conduct a preliminary inquiry and make a finding on whether a prima facie case is made out to determine whether an accused should be tried before a judge and jury in the High Court. In a summary matter, the accused either pleads guilty or, a trial is held.

In the High Court, the sentence is more severe when one is found guilty even for charges that are conducted summarily.