Magistrate tosses explosives charge against drug & ammo accused
Brown, who previously told the Court he is a Belonger, was charged with unlawful possession of explosives, unlawful possession of cannabis and being concerned with the supply of a controlled drug.
He was allegedly found with 35 rounds of 9mm ammunition, in addition to 385 grams of cannabis at his home in Belmont Park in West End.
When the trial was expected to begin yesterday against Brown, Magistrate John told the prosecution that the defendant was improperly charged with the possession of explosives.
He noted that there was a fundamental difference in the acts that govern the possession of explosives and possession of firearms and related that there was a clear disparity in the punishment met out by either. Possession of firearms is punishable by a term of 5 years in prison and/or a fine of $5,000.
“If that’s the way you have been handling this thing [offence] from time immemorial, then it is wrong,” Magistrate John said before noting that being charged with the offence of possession of explosives prejudices the defendant in the matter before the Court.
Crown Counsel Herbert Potter, after conferring with Police Officers, told the Court that he would seek advice from the Director of Public Prosecutions on the way to proceed with the matter and asked for an adjournment date for continuation.
Magistrate John argued that based on his ruling, the drug related charges were the only ones to be answered, therefore bail would have to be reduced.
Brown, a construction worker, then had his bail reduced to $30,000 with one signed surety after previously being placed on $75,000 bail with two signed sureties. He had also been required to submit his travel documents and report to the West End Police Station thrice per week.
Brown was asked to return to court on March 4, 2014 when his trial is expected to begin anew.
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16 Responses to “Magistrate tosses explosives charge against drug & ammo accused”
By the time this Magistrate is finished, the prison will be empty.
Why?? Because he isnt being a dumb a$$?! He is doing his job, those who need to go to prison will go. Sending everybody to jail when the Law gives practical guidance. We just want to flex our power and not look at the case in its entirety. We are not to be a lawless society, but sending everyone to jail is just totally foolish. Hardcore and repeat offenders should be punished heavily, and if that means jail, then so be it.
Thank this Magistrate for attempting to do his job without any bias. Practice Law and not Law Emotions!!