Magistrate Fabayo Azore yesterday upheld a no-case submission made by attorney-at-law Bernard DaSilva on behalf of his client, Vassie Gordon Barry who was charged with possession of a firearm and ammo without licence. As a result, the case was dismissed.
Forty-six-year-old Barry, of Lot 832 Dazzell Housing Scheme, East Coast Demerara, was accused of having in his possession on April 27, 2019, a quantity of .40 ammunition. And on the same date he was also accused of having in his possession a .40 semi-automatic pistol without being the holder of a firearm licence in force at the time.
During the trial, the defence counsel argued that the evidence before the court, points to the universally accepted fact that his client was not present at the aforementioned address at the time of the purported search by the police.
The prosecution attempted to prove that the ammunition and pistol were found in a drawer in a bedroom of a building located at Lot 832 Dazzell Housing Scheme. However, there was undisputed evidence that the location was used as a workshop, and many workers were present during the purported search. Further, the defendant was not at that location at the time of search and did not possess keys to any part of the building in question.
There was no video recording, or even still pictures of the search, which could substantiate the alleged discovery of the .40 pistol and ammunition. There was no evidence to show who owns or controls the building referred to as Lot 832 Dazzell Housing Scheme, East Coast Demerara. The defence also pointed out that the building was not secured and was accessible to the workers and others and no fingerprints were found on the illegal objects that matched the defendant’s.
Barry had consistently denied any knowledge of the firearm and ammunition.
