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GDF private, brother charged for illegal AK-47 magazines
Two brothers, one of whom is a serving member of the Guyana Defence Force (GDF), appeared in the city Magistrates’ Court yesterday and were formally charged in connection with the discovery of thousands of spent shells and four magazines in an Albouystown yard.
Accused: Troy Ashby
It was four days after the massive discovery that Travis Bynoe, 22, and Troy Ashby, 20, were taken before Chief Magistrate Priya Sewnarine-Beharry to face a possession of illegal firearms charge.
The charge against the two brothers detailed that on Sunday, July 6, at Albouystown, they had in their possession four AK-47 magazines without being holders of firearm licences.
Bynoe and Ashby both pleaded not guilty and submitted bail applications through their attorney, Mark Waldron.
Asking the court to consider offering reasonable bail to his clients, Waldron said that Bynoe is employed at Banks DIH Sports Bar while his brother has been serving in the GDF for the past fifteen (15) months.
He indicated that neither of the two brothers have ever had any brushes with the law.
Quoting the section under which the two men were charged and the particulars of the offence which pointed to the magazines of four AK-47s, Waldron urged the court to deem that the charge was inappropriately brought before the courts and opined that it should be struck out.
Attempting to justify the charge, Prosecutor Corporal Bharat Mangru argued that the magazines for which the brothers were charged “fall under the act” but that was met with “No” from both the bar table as well as the Chief Magistrate’s bench.
Accused: Travis Bynoe
Recapping, Mangru said that on the day in question, a party of police ranks went to the defendants’ Lot 145 James and Victoria Street, Albouystown residence and conducted a search.
He explained that while the defendants’ bedroom was checked, the ranks found a red and black shoulder bag hanging by a bed.
The Prosecution stated that checks on the bag revealed items in the charge contained therein.
Mangru claimed that under caution, Bynoe told police ranks that his brother placed it in the bag and he had told him to get rid of it, but he had refused to do so. Both were subsequently arrested and further investigations led to them being charged.
The Corporal revealed that the police are in possession of caution statements by the defendants admitting knowledge of the items.
Meanwhile, the defence counsel had a slightly different tale to tell. Waldron stated that the two brothers shared one bedroom and they had a fight that their mother was unable to stop, so she called for police intervention.
He said that the police came and they subsequently claimed to have found two bags of spent shells, but there were no charges to that effect.
The lawyer explained that it was “family property” and his clients’ uncle who conducts a scrap metal business had those items placed in the yard. He said that Ashby, who is a Private in the GDF, had found the items in the yard and decided to turn in the magazines, while Bynoe was just sharing the same bedroom with him.
Waldron insisted that this was not a case where a gun was stolen from the GDF. He explained that the army kits which were represented in the media belong to the young man, and were issued to him by the GDF.
The magazines found in the yard.
Despite his application, the Prosecution objected to bail. Mangru asked the court to deny the duo bail citing that no special reason was advanced as well as the serious nature and prevalence of the offence.
The Chief Magistrate, who had examined the caution statements as well as the circumstances surrounding the case, stated that she would be granting bail on account of special reasons for Bynoe. He was granted bail to the tune of $250,000 while the GDF private was denied bail.
The case is set to be called before Magistrate Fabayo Azore for report and fixtures on July 14.
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