Farmer takes West Dem police to court over shotgun seizure

Dec 09, 2010 News

A rural constable, who clashed with Linden Council workers in 2008, has taken police on the West Demerara to court following the seizure of his shotgun back in August.
According to court documents filed in October by Ramdyal Boodhan, who is also a farmer from Zeelugt, the Leonora police refused to return his weapon despite the absence of any clear reasons.
Yesterday, Chief Justice (ag), Ian Chang, granted an Order Nisi of Mandamus compelling the Divisional Commander, ‘D’ Division, Leonora, to return one Maverick 12-gauge shotgun, and for the said Commissioner to show cause why this Order or Rule Nisi of Mandamus should not be made absolute.
The matter will be heard again next Wednesday.
According to Boodhan in his sworn affidavit, he, his wife and two children, are farmers cultivating a 30-acre plot of land at Morashee, East Bank Essequibo where cash crops, ground provision and livestock are being handled.
These are sold at a stall at Linden Markert and on trucks to surrounding communities in Region Ten.
Boodhan, whose case is being handled by Attorney-at-law, Anil Nandlall, said that he was able to acquire a firearm license in 2001 since he handles cash and his crops and livestock were
regularly attacked and destroyed by wild animals and stolen by thieves.
He also claimed that he has been a member of the Guyana Police Force Rural Constabulary over the last 10 years and a member of the Community Policing Groups of both Zeelugt and Morashee, East Bank Essequibo.
“During those years, I never committed any acts or thing whatsoever which caused a breach or was likely to cause a breach of the conditions upon which the said licence was granted.”
However, on November 19, 2008, Boodhan was involved in an incident with members of the Linden Town Council at Burnham Drive, Wismar, arising out of a dispute because of the location of a portion of his stall at Linden Market.
“At no time during that incident did I have my firearm on my person, nor did I threaten anyone, more specifically, the members of the Linden Town Council. Nevertheless, I was requested by the Police to lodge my said firearm.”
According to Boodhan in his affidavit, he was slapped with a string of trivial criminal charges, including using profane language; willfully resisting the Linden Town Council’s work force from executing their lawful duty; indecent language and even dangerous driving.
“Significantly, apart from the indecent language charge to which I pleaded guilty, all of the other charges were dismissed on the 4th day of August, 2010, by the learned Magistrate Ann Mc Lennan, presiding at the Christianburg Magistrate’s Court after Defence Counsel made no case submissions in each of the said cases.”
Boodhan pointed out that none of the charges alleged expressly or by implication that any firearm was used at any time during the incident.
He claimed that in February 2009, he received a letter signed by David Ramnarine, Senior Superintendent and Commander of “E” and “F” Division of the Guyana Police Force which he was accused of being involved in an incident with his shotgun with the Linden Town Council.
The applicant was asked to show cause why his firearm licence should not be revoked, as a result.
He next received a letter from the office of the Commander “D” Division, dated August 19th, 2010 which ordered him to hand in all ammunition along with his firearm licence.
Boodhan was also advised that he could appeal to the President the revocation of the licence, but was also warned that the decision of the President shall be final.
The farmer claimed that he believes that the revocation of his firearm licence is contrary to the rules of natural justice, unreasonable, arbitrary and unlawful. He also said that he was not given a hearing before the revocation.
“…That it was not competent, lawful and procedurally proper for the Divisional Commander of “E” and “F” Division of the Guyana Police Force to purport to afford me a hearing as he is not the Prescribed Officer designated to revoke my firearm licence under the Firearm’s Act; that the dismissal of the criminal charges filed against me vindicated my innocence in respect of those charges and therefore, at a minimum, my firearm should have been returned to me forthwith as the basis for its detention by the Police was thereby dissipated…”
The farmer also noted that it was also ridiculous that when the charges were pending, his firearm licence was not revoked but after they were dismissed, it was.

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Farmer takes West Dem police to court over shotgun seizure

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