DPP appeals sentence after Strip Club owner walks on firearm conviction

Feb 10, 2019 News

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Possession of a firearm without licence is a serious criminal offence. On a summary conviction a person can be jailed for up to five years as well as be fined as much as $100,000.
However for Strip Club owner, Freeman Fordyce, this is not the case. He was handed a suspended sentence after he was found culpable of the offence by Magistrate Faith Mc Gusty, last week.
The decision received widespread backlash from members of the public and even lawyers questioning the reason behind the Magistrate’s decision.
The Director of Public Prosecutions, (DPP) has since appealed the decision after the file was sent to the Chambers for advice. Officials attached to the Chambers noted that a decision was taken to appeal the case after an examination of the file.
We have taken note of, that the suspended sentence was given to Mr. Fordyce, when upon conviction the offence carries a mandatory sentence of imprisonment together with a fine.
The Firearms Act Chapter 16:05, stipulates that “If any person purchases, acquires or has his possession any firearm or ammunition without holding a firearm license in force at the time or otherwise“` than as authorized by such a license or in the case of ammunition in quantities in excess of those authorized, he shall be liable on summary conviction to a fine of not less than $50,000 nor more than $100,000 together with imprisonment for not less than two years nor more than five years…”
On February 1, McGusty , a Principal Magistrate attached to the Georgetown Magistrates’ Court granted a four-year suspended sentence to Fordyce, the owner of Diamond Strip Club who was recently seen in a widely circulated video punching a Police Inspector to the neck. He was convicted on firearm related charges.
According to the charge Fordyce, 39, of Lot 99 Collingswood Avenue, Nandy Park, East Bank Demerara, on May 5, last, at George and Princes Street, Georgetown, had in his possession one Smith and Wesson 9mm pistol without being a licensed firearm holder at the time.

On the same day he had in his possession 15 live rounds of 9mm ammunition without being the holder of a firearm licence.
Fordyce, who is also the proprietor of a Jewellery Pawn Shop, had denied both charges on his first court appearance before Principal Magistrate Judy Latchman.
Magistrate McGusty ruled that after perusing the evidence presented by Police Prosecutor Sean Blackman, she was satisfied beyond reasonable doubt that Fordyce had the illegal gun and ammunition in his possession.
Attorney-at-Law Nigel Hughes asked the Magistrate to be lenient with his client citing that he is a prominent businessman.
It was reported that members of the Guyana Police Force (GPF) on the day in question, went to his Jewellery Pawn Shop where contact was made and a search was conducted.
It was when a physical search was done on the businessman that it was discovered that he had one Smith and Wesson 9mm pistol along with 15 live 9mm ammunition concealed in his pants crotch.
Over the past week, the matter has received widespread criticism.
One observer noted that the Magistrate probably had “some ‘extra special grounds,’ for allowing this because I’ve seen persons convicted for unlawful gun jailed many times before.”
Another person was quick to suggest that there may be some form of bias behind the light judgment.
“In one case, you have a businessman walking away with a suspended sentence on an unlawful gun charge, and in another a farmer from the hinterland who found himself in a predicament of using a gun to hunt for food, being jailed for not having a license. Is that fair?”
To make matter worst, it was pointed out that Fordyce recently hauled before Senior Magistrate Leron Daly in the Georgetown Magistrates’ Courts for allegedly assaulting a Police Inspector.
According to reports, the charge against him stated that on November 9, 2018 at George Street, Georgetown, he assaulted Police Inspector, Prem Narine.
It was further alleged that on the same day and at the same location, Fordyce behaved in a disorderly manner. He denied both allegations.
According to information, on the day in question, the Inspector along with other policemen went to search the club after four Venezuelan women complained that the businessman seized their passports and had threatened to kill them and their families if they refused to work as prostitutes.
It was reported that the revelation came to light when two of the entertainers escaped from the club. It was their statements that led to ranks carrying out the raid at the Strip Club.
It was while the Inspector was searching the premises that Fordyce became annoyed and allegedly punch him to his neck. The entire ordeal was recorded on surveillance camera.
The trial is currently ongoing before Senior Magistrate Leron Daly.

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