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AG strongly disagrees with bail granted to men caught with guns
Kaieteur News – Attorney General and Minister of Legal Affairs, Anil Nandlall, S.C, has expressed his disagreement with a decision by Principal Magistrate, Sherdel Isaacs-Marcus, to release four men on firearm related charges.
Attorney General and Minister of Legal Affairs, Anil Nandlall, S.C.
On Friday, the four men, who were recently arrested on separate charges of unlawful possession of illegal firearms in two separate incidents, made their first court appearance and were placed on $200,000 bail each.
In a Facebook post, the AG said that the decision of the Magistrate to release the four men on bail, on their first appearance “rightfully” evoked grave concern and criticism among members of the public.
Principal Magistrate, Sherdel Isaacs-Marcus.
“To assert that crime is a serious problem in our country, may be putting it mildly. To not recognise that gun-related crimes threaten the safety of every citizen would be forbearance in naivety. These and similar factors are which a tribunal of law is enjoined to take into account when considering the grant or refusal of bail,” Nandlall said.
The AG stated that the State might soon have to resort to the extreme measure of subjecting similar decisions of Magistrates to judicial review in the High Court, and lodge complaints with the Judicial Service Commission.
“As the Executive Officer of the State under whose responsibility the Justice Sector falls,” Nandlall wrote, “I can relate to both the public’s concern and criticism. I can also relate to the negative impact which such a decision may have on the morale of the law enforcement agencies of the State.”
The Minister explained that in order to circumscribe the discretion in respect of the granting of bail in relation to firearm offences – due to the prevalence of such offences and the accompanying societal damage – the 9th Parliament of Guyana unanimously enacted an amendment to the Firearms Act, Chapter 16:05, Laws of Guyana, which stated that, “No person arrested for any offence under section 16, section 37 or section 38 shall be admitted to bail, unless the prosecution has had an opportunity to intervene, and unless there are special reasons for admitting the person to bail which shall be recorded in writing and the trial shall be within reasonable time.”
Those charged in relation to the first incident are Tahj Fraser, a businessman of Lot 47 Norton Street, Lodge, Georgetown; Keith Cains, a labourer of Lot 22 Durban Street, Lodge, Georgetown; Brandon Barker, a taxi-driver of Lot 85 Durban Street, Lodge, Georgetown. Fraser, Cains and Barker were jointly charged for having an illegal firearm and ammunitions in their possession. The three men denied the charge, which allege that on May 26, 2021, at Brickdam, Georgetown, they had one .32 Taurus Pistol and two.32 rounds of ammunition in their possession. Magistrate Isaacs-Marcus placed the trio on $200,000 bail each and the matter was adjourned to June 25, 2021.
In the second incident, Antonio Fraser, 22, of Lot 94 Durban Street, Lodge, Georgetown, was separately slapped with two similar charges, which allege that on May 26, 2021, at Main Street, Georgetown, he had in his possession, one 9mm Glock 19 pistol and one 9mm ammunition. A police report stated that on the day in question around 03:40hrs, ranks acting on information received went to Main Street, Georgetown, in the vicinity of Tower Suites Hotel where they saw Fraser. A search was then carried out on the suspect and the gun and ammunition was found in his pants crotch. Antonio was arrested and subsequently charged. Magistrate Isaacs-Marcus placed Antonio Fraser on a total of $200,000 bail and his matter was also adjourned to June 25, 2021.
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