Latest update April 25th, 2024 12:59 AM
Nov 26, 2011 News
Kenneth Joaquim walked out of the Georgetown Magistrate’s court, a free man on Wednesday after Magistrate Hazel Octive- Hamilton dismissed charges against him for being in unlawful possession of a .32 Revolver and 2 rounds of .32 ammunition.
The police had alleged that a party of policemen was on patrol in June, last year, in Le Repentir Cemetery when the ranks saw a car parked in the cemetery. They observed that there were three persons in the vicinity of the said car and they were acting suspiciously.
The patrol vehicle which was being driven by Constable McKenzie and under the command of Sergeant Warren London, then approached the group of men and saw the defendant Kenneth Joaquim throw something in the grass nearby.
Sergeant London reportedly carried out a search in the area and found the gun and ammunition and arrested Kenneth Joaquim and took him to Criminal Investigation Department, Eve Leary and handed him over to detective Corporal Bevon Heyliger.
Detective Corporal Bevon Heyliger give evidence that Joaquim offered and gave a caution statement admitting to having a gun in his possession, that he threw away the weapon upon seeing the lights of the approaching vehicle.
But the Prosecution never tendered the gun and ammunition during the Trial, Under Cross-Examination by the Attorney-at-Law for the Defendant, Lyndon Amsterdam, Corporal Heyliger accepted that the Caution Statement did not disclose what gun the Defendant was referring to in his Statement. The Statement also did not disclose where the gun was thrown and if it was the same gun that was found by Sergeant London in the Cemetery.
Magistrate Hazel Octive-Hamilton had given the prosecution until Wednesday to tender the gun and ammunition. The prosecution failed to do so leading the magistrate to dismiss the charges against Joaquim.
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