Annandale man jailed for illegal gun, ammo

Mar 04, 2017 Court Stories, Features / Columnists, News

A 30-year old man of Annandale, East Coast Demerara, was yesterday sent to jail for 18 months after he was convicted on charges of illegal gun and ammunition possession.

JAILED: Delson Wayne

The convict, Delson Wayne, was also ordered to pay a fine of $60,000 when he appeared before Chief Magistrate Ann McLennan in the Georgetown Magistrates’ Court.
Wayne, who was unrepresented throughout the trial, was found guilty of having a .380 pistol and three live .380 rounds in his possession on October 6, 2016, when he was not the holder of a firearm licence.
According to court facts, Wayne and one of his friends were stopped and searched by police ranks at an area in Cane View Avenue, South Ruimveldt. During the search, ranks found the gun in Wayne’s crotch.
During her ruling, the Chief Magistrate informed the court that the prosecution was able to prove all elements of the offence. She stated that the prosecution was able to prove that Wayne had physical and custodial possession of the firearm. The Chief Magistrate also outlined that the prosecution was able to prove that the item was a gun and that Wayne was not a licenced firearm holder.
In a synopsis of the evidence, the Chief Magistrate recalled that a police witness testified to finding the illegal gun in Wayne’s crotch.
However, when called on to lead a defence, Wayne maintained that the police found no gun in his possession. He had related to the court that he and his friend were stopped by a party of policemen. Wayne claimed that he was assaulted by one of the ranks after he was told to lie face down on the roadway. In a sworn testimony, Wayne stated that he never saw the gun until he was placed before the courts.
But Chief Magistrate Ann McLennan informed the court that she disbelieved the story narrated to the court by Wayne. She said that Wayne did not call any witness to support his story, not even the friend who was with him on the day in question. The Chief Magistrate added that the court found no reason for the police wanting to fabricate a story against Wayne.
Before passing the custodial sentence, the Chief Magistrate took into consideration the time Wayne spent on remand pending trial. She also considered the prevalence and nature of the offence; the fact that the gun was a lethal barrel weapon and the concern for public safety.
Even after the decision was passed, Delson Wayne maintained that he was innocent of the charge and told the court that he has a family to take care of.
“I have a family to take care of. I was never in possession of any firearm. I am innocent of this charge”, he said tearfully.
At his first court appearance, Wayne had told the court that he was aware that there was a toy gun in his bag, which he had confiscated from a child on his way to work. He had claimed that the child shot him several times with small pellets from the toy gun.
Based on reports, in 2015, Wayne and three other men were charged for illegal arms and ammunition possession. In 2011, police had issued a wanted bulletin for Wayne in relation to robbery under-arms.

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