The recommendation by the Director of Public Prosecu-tions (DPP) Shalimar Ali-Hack for no charges in the Magistrate Gordon Gilhuys shooting incident would also have related to his unlicensed firearm as this was included in the police file which was sent to the Chambers for advice.
The police had revealed in a press release that the Magistrate used an unlicensed gun in the June 26 incident in which policeman Mark George was shot but did not elaborate on why there were no charges laid in relation to this.
Acting Police Commis-sioner Henry Greene told Stabroek News earlier this month that the DPP was the person to speak to in relation to this matter while at the same time stressing that she had already recommended that no charges be laid.
Asked whether the DPP was advised that the weapon Magistrate Gilhuys used was unlicensed, Greene told Stabroek News that that information was in the file. That file was subsequently sent to the DPP for advice.
“The DPP has already advised no charges in this matter…. You have to deal with the DPP office”, the Police Commissioner added.
The police over the years have always complied with the DPP’s recommendations in cases where they had sought advice.
When her office was contacted earlier this month, the DPP’s secretary said on her behalf that she had already dealt with the Magistrate Gilhuys issue in a press release.
The secretary had first noted the name and contact information of the reporter. Within ten minutes she called back to inquire what the call was in connection with and was told that it was regarding whether the police had asked the DPP for advice on the unlicensed gun that the magistrate had in possession on the night of the incident. No information was forthcoming up to several hours later when this newspaper called the office again to speak with the DPP. The secretary again stated that the DPP had said that she had already sent out a press release on the issue. This newspaper explained to the secretary that Ali-Hack’s press release didn’t address Magistrate Gilhuys’s unlicensed weapon. The secretary insisted that the issuing of a press release earlier was all that the DPP had to say to this newspaper on the matter. An attempt was later made to see her at the office but again the secretary said that that was all the DPP had to say.
No subsequent information has been issued by the police or the DPP on the matter of the unlicensed firearm. The Judicial Service Commission has meanwhile met to discuss the incident involving Magis-trate Gilhuys and whether he will return to the bench.
The police had said that “the firearm used by Magistrate Gilhuys is a police firearm loaned and licensed to him by a former Police Commissioner. However, the licence was not in force for 2008”. In the release, the former police commissioner was not named and no reasons were given for charges not being laid, though the incident occurred several months ago.
In this release the Force was attempting to clear up some points in one of Stabroek News’ editorials about the DPP’s decision to recommend no charges being laid against the magistrate who is a former policeman.
On June 26, the rank and his colleagues were on patrol on Woolford Avenue when they noticed a vehicle with tinted windows parked on the roadway. The officers made checks and an argument ensued between them and the driver, who was later identified as Magistrate Gilhuys.
It was at this point that the magistrate reportedly opened fire, which was returned and George was hit.
The magistrate subsequently made a report at the Brickdam Police Station but he refused to hand over his weapon. However, he parked his vehicle, which had about six bullet holes, in the station compound. The magistrate then appeared at the station the following day accompanied by his attorney Nigel Hughes, and after spending several hours, was released on self-bail. He also lodged his weapon at the station.
When Magistrate Gilhuys turned himself in, he was told that he was being arrested for discharging a loaded firearm.
Following the shooting, the magistrate had said that he was first shot at and that he returned fire.
George spent several weeks hospitalized at the Georgetown Hospital after undergoing emergency sur-gery before he was sent home. He also wrote the DPP requesting that no criminal proceedings be taken in the matter since it was not in his best interest.