“Guyanese Girls Gone Wild’ video prompts gun seizure

Sep 25, 2010 News

The manager of Joseph’s Record Bar, Shabbir Baksh, is one step closer to receiving his firearm along with its licence to legally use it given that the Chief Justice (ag) Ian Chang and Justice Rishi Persaud, quashed an order by the Divisional Commander Leron Brummell.
Assistant Commissioner Brummell must return Baksh’s firearm and licence or show cause why the High Court ruling must not stand, the court ruled.
The entire incident stemmed from five “Guyanese Girls Gone Wild” pornographic DVD Baksh had in his possession.
Baksh in his petition to have the firearm returned stated, “In the course of my business, I am in charge of the entire business outfit which at any given time is stocked with millions of dollars of stock-in-trade. On a regular basis I am required to deal with, handle and carry to the bank and to my employer’s home large sums of cash and other valuables.”
As such Baksh said that as a consequence, in 2004, he successfully applied for a firearm licence and purchased a .32 semi-automatic pistol along with 100 rounds of ammunition.
That firearm licence was duly renewed for the years 2005 and 2006.
In 2006, however, ranks of the Guyana Police Force descended at the Regent and King Streets business, conducted a search and found, seized and removed the five pornographic “Guyanese Girls Gone Wild” DVDs. The police also arrested him and took possession of his then licensed firearm which he was carrying on his person at the time.
Baksh was subsequently charged with the offence of trading in obscene objects. He said that without legal representation he pleaded guilty to the offence and paid the fine.
For more than a year Baksh said he went about his business and then suddenly received a letter from the Assistant Commissioner which drew reference to the charges that related to the pornographic disks and requested him to show cause why his firearm licence should not be revoked.
Baksh said that upon receipt of that letter he was advised by his Attorney Anil Nandlall that Mr Brummell had no authority whatsoever to require him to show cause why the firearm licence issued to him should not be revoked since Brummell was neither a grantor of the licence nor the prescribed officer under the Firearms Act.
Baksh nevertheless said that he responded to Brummell pointing out that, “I am just an employee of the said Joseph’s Cassette and DVD Shop and not the owner of the business. I do not make purchases of any DVDs or CDs: the proprietor who does all of the purchasing was not within the jurisdiction on the day in question…
“My job, however, entails the transport of large amounts of cash from the business place to the boss’ residence or to the bank which is very dangerous.”
The following day he received a correspondence from Brummell stating that his licence had been revoked and that he had to turn over his weapon.
Baksh said that he was
advised by his attorney, Nandlall, that the possession of pornographic DVDs is not a valid ground and does not form the legal basis for the revocation of a firearm licence and that the act of revocation constitutes a most bizarre exercise of a discretionary power.
Nonetheless it has taken several years before Baksh is now one step closer to receiving his weapon along with a licence which he lost as a result of five “Guyanese Girls Gone Wild” disks
Chief Justice Chang and Justice Persaud ruled that the decision by Brummell was “arbitrary, capricious, unreasonable, influenced by extraneous and irrelevant considerations, whimsical, unlawful, null, void and of no effect unless,” he (Brummell) could show cause otherwise.