M15 teens found guilty

Jul 04, 2014 News

– to know fate following probation report

The two teenagers, who were earlier this year indicted for an illegal gun, matching ammunition and grenades, have been found guilty on two of the three instituted charges and are set to know their fate next week after the court receives their probation reports.
The gun-toting eighteen-year-olds, Kevin George and Dapper Johnson, made headlines earlier this year when police ranks busted them in South Ruimveldt with one M15 rifle, 61 live rounds of matching ammunition and grenades.

The accused teenagers

Two days after the January 22 discovery, George of Costello Housing Scheme, Georgetown, and Johnson, of Curtis Street, Albouystown, were taken before Chief Magistrate Priya Sewnarine-Beharry at the Georgetown Magistrates’ Court to be arraigned for three gun-related crimes.
The first charge laid against them alleged that on January 22, last at South Ruimveldt, Georgetown, without lawful authority, they had explosive devices in their possession – one concussion and one explosive grenade.
The Prosecution sought to prove too that the duo had one M15 rifle and sixty-one rounds of .223 ammunition while neither was the holder of a firearm licence.
It was reported that the two youths were seen by ranks on a motorcycle patrol around 11:15 hours, acting suspiciously on Aubrey Barker Road, South Ruimveldt, in the vicinity of Penny Lane, moments before they were nabbed with the weapons.
At the time, George, who was named as the number one accused, was spotted with a haversack on his back but as the ranks approached them, he quickly handed it over to the other teen.
However, Johnson retaliated by throwing it on the ground where the ranks were able to pick it up and search through it.
Upon checking the bag the ranks uncovered the items. The two were then apprehended and taken to the Brickdam Police Station where charges were subsequently laid.
Before the party left the scene of the discovery, one of the ranks reportedly asked George and the other accused whether they were licenced firearm holders. They both indicated that they were not.
At the city court on January 24, both teens were formally charged and they pleaded not guilty to the three charges.
A trial subsequently got underway before the Chief Magistrate.
During the course of the trial, George’s lawyer Peter Hugh and Johnson’s lawyer Clive Forde, raised arguments against the admissibility of their confession statements and contended that the charge which was administered for the explosives was not befitting the alleged crime.
The Prosecution’s closing statements yesterday were made by Corporal Bharat Mangru.
Mangru called upon the evidence of Constable Gravesande, and asked the court to consider that the teens were charged under the correct Act. He asked that the charge stand before the court. Neither of the two lawyers responded to that submission.
As she read her decision, the Chief Magistrate lamented on the circumstances through which the two were charged. She said that after conducting a voir dire, the court had found that the confession statements of both accused were inadmissible.
Sewnarine-Beharry recapped, stating that as the teens lead their defence, George denied the “bag” while Johnson remained silent. She said that though the two accused had no legal burden to prove anything, the court had disbelieved George.
The Magistrate indicated too that the court was of the opinion that he knew of the bag and what was in it. She said that Johnson also knew what was in the bag.
She said on account of the firearm and ammunition charge, the Prosecution had proven its case beyond reasonable doubt and they were found guilty.
As it relates to the explosives, the Chief Magistrate ruled that that charge was “improperly brought” and it was as a consequence dismissed.
During mitigation, Hugh stated that this was George’s first conviction. He stated that he suspects that the penalty is mandatory and asked the court for the minimum.
Hugh urged the court to consider too that his client had been in custody since his first arraignment.
On behalf of Johnson, Forde said that at the time of the incident his client was 17 years old. He asked that the court refer to the Caribbean Court of Justice decisions and note that his client was a first-time offender.
Forde requested that a probation report be prepared for his client before sentencing.
Responding, Corporal Mangru asked the court to act as a deterrent to both defendants.
He asked the court to consider that a M15 rifle and 61 matching rounds of ammunition were found when ruling, so as to send a strong message to society.
Defence Attorney Hugh, however, argued that “murderers get seventy years yet murders are going on. The penalty isn’t a deterrent. A penalty is what a penalty is.”
A probation report was ordered for the defendants and the case was set for ruling next Tuesday (July 8).