Trinidad national Jamal Lewis claimed he had found the gun he was allegedly found with when he was arrested. Photo: VINO/File

Lewis who reportedly works as an engineer with Tortola Barge Services, was arrested and charged on October 7, 2012. Crown Counsel Leslie-Ann Faulkner represented the prosecution in the matter.

Senior Magistrate Tamia Richards in handing down her ruling said the court was not satisfied that the defendant was at all fearful as he had suggested previously in his haste to get home after someone had allegedly pulled a gun during a fight. This was especially since there had been two opportunities where he could have handed over the weapon to the police. She also said that the defendant as a witness was not believed to be truthful since his version of events had shifted from what he had previously told police upon his arrest.

She further noted as aggravating factors, the seriousness and prevalence of the matter in addition to the fact that a firearm which was “loaded and ready to be used” was involved in this instance. With regard to mitigating factors, the defendant had pleaded guilty at the earliest opportunity and was also a first time offender.

She then handed down a sentence of four months for the possession of ammunition and 15 months for the unlawful possession of a firearm; the sentences are to be run concurrently. Magistrate Richards also noted that there was no exception in the current circumstances that warranted any justification of a suspended sentence.

Lewis had previously told the court that he wasn't planning to defend himself when he was discovered with a loaded .38 calibre gun recently but was in fact on his way home at the time.

Lewis contended that he was leaving a club in the area of Prospect Reef after being witness to an altercation where he had first seen the weapon and noticed a vehicle passing him twice on his way home. He also explained that he was walking in the vicinity of the Pub when he noticed the same vehicle that slowed down nearby and was proceeding in the opposite direction to him.

It was later revealed by the prosecution that the vehicle contained Police officers who had received a report that a man fitting his description was carrying a weapon. The officers went to the club that the man had just left and were told about the defendant allegedly leaving with a gun after he reportedly assaulted another man with it.

The defendant was told during his turn on the witness stand, that he had several opportunities to hand over the gun which he claimed to have found but did not choose to do so. Lewis, who said he has lived in the territory for seven years, told the court he was afraid to turn in the weapon because he thought he might have been arrested.
 
He was later picked up in Huntums Ghut with the weapon but allegedly claimed he had found it after an altercation between two men occurred and one of the men left the gun on the floor. He suggested that if he had not taken the weapon he might have been dead. The defendant also disputed the Police version of the direction he was heading at the time of his arrest.