Two brothers have been charged with having possession of the four AK-47 magazines that were found in Albouystown, among a quantity of spent shells of various calibre ammunition on Sunday.
Troy Ashby, 22 and his brother Travis Bynoe, 20, both denied the charge that on July 6, at their 145 James and Victoria streets, Albouystown home, they had in their possession four AK-47 magazines without licence.
Ashby was subsequently remanded to prison, while Bynoe was admitted to bail in the sum of $250,000 by Chief Magistrate Priya Sewnarine-Beharry, before whom they appeared at the Georgetown Magistrates’ Courts.
The prosecution’s case is that on the day in question, acting on information received, the police went to the home of the defendants and conducted a search in their room, where the items were found.
Their attorney Mark Waldron argued that the charge levelled against his clients was bad in law and should be struck out since the section under which they were charged did not include a magazine in the definition of ammunition.
Waldron questioned whether the magazine was not a component of the firearm itself and he contended that it should not be included in ammunition. He argued that ammunition includes warheads, bullets and spent shells and that the magazine would be part of the firearm and not ammunition.
He argued that his clients were charged with unlicensed possession of ammunition and not a firearm. He stressed that the definition of firearm and ammunition were vastly different.
The court and the prosecution, however, pointed out that the magazine was in fact included under the definition of ammunition.
The matter was stood down for a short while during which prosecutor Bharat Mangru perused the Act. He later confirmed that the magazine was covered under the category of “bullet clip,” which was included under ammunition.
Counsel said that the charges stemmed from the magazines which were found in Albouystown among a quantity of spent shells of various calibre ammunition.
He said that the brothers share the same bedroom and that the younger one said that he saw his older brother with the items in a red and black shoulder bag which was in their room and told him to get rid of them.
According to Waldron, it was after Bynoe admitted in a caution statement to having knowledge of the items that he too was arrested along with older brother.
It was at this point that the court questioned whether the only reason the police had for charging Bynoe was his knowledge of the alleged illegal items, to which the prosecution responded in the affirmative.
The Chief Magistrate, however, pointed out that an important element of the charge levelled against the defendants included “possession” and that mere knowledge on the part of one defendant of the other having in his possession the alleged illegal items was not enough.
It was in these circumstances that Bynoe was admitted to bail.
Counsel added that according to his instructions the alleged illegal items belonged to an uncle of the defendants who shared the same address and that, that person was planning to take the items to a scrap metal dealer.
He said that the charge is baseless and this is reflected in the fact that his clients were charged with merely possessing four of the magazines found amidst thousands of other items including spent shells.
He questioned why they were not charged for these items also and contended that the story was just sensationalised in the media and was a way of the police causing unnecessary alarm by the find.
He said that the Guyana Defence Force (GDF) uniforms which were reportedly found at his clients’ home were there because Ashby was up to the time of the incident a private in the army and would have his uniform at home at times.
Bynoe was employed at a sports bar.
The prosecution objected to the young men being granted bail citing the seriousness and prevalence of the offence and that no special circumstances were advanced by the defence.
After hearing submissions on both sides however, the court informed Bynoe that he would be granted bail in the sum of $250,000 while Ashby was informed that he would be remanded to prison. The matter will be called again on July 14.
