Gun crimes a threat to safety of citizens – AG expresses “grave concern”

Bail for illegal gun suspects

…hints at reporting Magistrates to JSC

Attorney General and Senior Counsel Anil Nandlall has hinted at the State seeking judicial reviews from the Judicial Services Commission (JSC), after a Magistrate’s decision to grant bail to four men charged with illegal possession of firearms raised eyebrows and received widespread criticism.

Many social media posts in expressing outrage at the decision pointed out that the decision was particularly perplexing at a time when there has been a number of armed robberies and the killing of a Trans Guyana Airways employee by bandits on Friday during the course of a robbery. In a statement on Saturday, Nandlall called attention to the decision and expressed his concerns.
“The decision of a learned Magistrate in the Georgetown Magistrate Court on the 28th of May, 2021, to release on bail, on their first appearance, four men, charged with having in their possession, guns and ammunition without a license, has evoked grave concern and criticism among members of the public; and I dare say, rightfully so,” the AG said, adding that based upon the information published in the press, one of the young men had a Glock 9mm pistol concealed in his crotch.
“The other three were seated in a car, in which a .32 pistol and ammunition were found concealed under the driver’s seat. From this narrative, no inference, favorable to the defendants can be drawn.”
The Attorney General noted that crime is a serious problem in the country and gun-related crimes in particular are a threat to the safety of all citizens. In light of this, he noted that the courts should take these factors into consideration when deciding whether to grant or refuse bail.
“In order to circumscribe the discretion in respect of the grant of bail in relation to firearm offences, obviously due to their devastating prevalence and the accompanying societal damage, the 9th Parliament of Guyana unanimously enacted an amendment to the Firearms Act, Chapter 16:05, Laws of Guyana in the following terms,” he said.
According to the AG, no person arrested for any offence under Section 16, Section 37 or Section 38 shall be admitted to bail, unless the prosecution has had an opportunity to intervene and unless there are special reasons for admitting the person to bail which shall be recorded in writing and the trial shall be within reasonable time.
Nandlall added that it is evident that the offence allegedly committed by the four men is captured under Section 16 of the Firearms Act. He noted that while media reports allude to a prosecutor being present in the court, there is no allusion to any sort of “special reasons” that would merit the defendants being granted bail. He went on to hint that judicial review of such decisions may become necessary.
“The term ‘special reasons’ has been judicially interpreted and thereby confined to relate to the ‘offence’ and not the ‘offender.’ Based upon the facts elucidated in the news report, it is impossible to conceive what would have constituted ‘special reasons’, thereby enabling the learned Magistrate to admit these persons to bail. It is my hope that the statutory prescription was complied with and those ‘special reasons’ were recorded in writing.”
“As the Executive Officer of the State under whose responsibility the Justice Sector falls, I can relate to both the public’s concern and criticism. I can also relate to the negative impact which such a decision may have on the morale of the law enforcement agencies of the State. Perhaps the State may soon have to resort to the extreme measure of subjecting like decisions of Magistrates to judicial review in the High Court and lodge complaints with the Judicial Service Commission.”
In his statement, Nandlall alluded to the four men, including two foreign nationals who were nabbed with illegal guns and ammunition in Georgetown on Independence Day and who were on Friday charged and released on $200,000 bail each.
Charged are Antonio Fraser, a driver of Lot 94 D’Urban Street, Georgetown; Tahj Fraser of 47 Norton Street, Lodge, Georgetown; Keith Cains, a labourer of Lot 22 D’Urban Street, Lodge, Georgetown, and Brandon Barker, a taxi driver of Lot 85 D’Urban Street, Lodge, Georgetown.
The men appeared before Principal Magistrate Sherdel Isaacs-Marcus at the Georgetown Magistrates’ Courts. Antonio Fraser faced a separate charge which alleged that on May 26, 2021, at Main Street, Georgetown, he had a 9mm Glock-19 pistol along with a matching round of ammunition in his possession when he was not the holder of a firearm licence.
Meanwhile, Tahj Fraser, Cains, and Barker were jointly charged. It is alleged that on May 26, 2021, at Brickdam, Georgetown, they had a .32 Taurus pistol and two matching rounds of ammunition in their possession when they were not the holder of a firearm licence.
The men pleaded not guilty to the charges. As a condition of bail, they were instructed to report to the Brickdam Police Station and lodge their passports with the court until the hearing and determination of their trial. Their next court date is June 25.