OVER the past few days there have been a number of incidents, two in particular, that have me spellbound shocked and bewildered to say the least that I do not know where to start or how to pen my story.
I make mention of a magistrate’s ruling on a matter involving one Charles Braithwaite of Kaneville East Bank Demerara who plead guilty to two charges of unlawful possession of a firearm and unlawful possession of ammunition without a licence. He was sentenced to two years incarceration. Particulars of the case state that ranks of the Guyana Police acting on a tip-off went to Braithwaite’s house and conducted a search wherein a .38 revolver with five matching rounds of ammunition was found wrapped in a tube and concealed in a dug out portion of a GT&T directory.
The Magistrate in summing up the case then asked the accused if he had anything to say before sentencing to which he replied “the gun and ammunition was not meant to harm anyone because he operates a small business and was beaten up and robbed on several occasions so he kept same for his protection”
On this note the magistrate gave him two years jail time. Preposterous is the first word that comes to mind at this ruling. How could that magistrate fall for such hogwash of an excuse? All of those found guilty of illegal gun possession have used this neat little story of them being an innocent victim.
This latest incident refreshes my memory of a matter that took place sometime ago in which the accused Robin Holder (a repeat offender) used the very same story that he was a victim after his armed accomplice managed to escape the bullet of the licenced firearm of another. Holder who was seriously injured said that it was the other guy, his accomplice, was the guilty party and not him he was just an “innocent victim.” And so the game continues and strangely enough these fools of magistrates believe it.
If Braithwaite’s story is to be believed and anyone with half a brain would reject it forthrightly then the magistrate should have taken into consideration the many so called small businessmen who have sprung up all across Guyana from their ill-gotten gains and I am absolutely sure this one is a case in point, these guys either carry out armed robberies themselves or hire out their guns for such purposes.
This story of being a decent small business owner is just a facade criminals use to get away with it. If he was so concerned about his safety as a “small business owner” then apply for a legal firearm? What is even more shocking and which Magistrate Sobers should be cognisant of is where did this character get the illegal firearm? At a time when criminals are armed to the hilt and scores of individuals are losing their lives by armed banditry a magistrate has the audacity to give the accused a paltry two year sentence outrageous! In my scheme of things Sobers would be looking for a job, come the next day. With such a ruling in a time of crisis involving gun crimes this magistrate should be off the bench immediately.
I hope, the Minister of Home Affairs or the body duly responsible, are taking note of my letter that these magistrates and judges who are bent on throwing cold water on the efforts of the police and people of Guyana to bring gun crimes under control should themselves be thrown out.
I readily recommend that a law be piloted through parliament to reflect sentencing for gun crimes it is the only way in bringing these nonsense rulings under control. No wonder the police often have to resort to the shoot to kill method because having done all the hard work in feretting out the criminal one has to stand back and see the justice system being facilitative of yet another felon with an innocuous sentence. Our lawmen have to   conclude then why go through all the trouble just have swift and precise judgement.

My final discussion is on the perennial problem of reckless and drunken driving which seems to be increasing rather than abating and here again it stems from a laxity in the justice system.
The most recent incident involves the drunk and speeding driver, Delano Williams brutally killing Sewcharran Persaud. In this case the dead man was not the driver of a vehicle where an argument might have been made out against the victim but he the now dead man was innocently standing at the side of the road when a crazy drunk mowed him down. What is revealing in this case is that the relatives of the accused has hired a high priced attorney right away hoping (and they might be right) to talk their way around another foolish judge and get away with it.
The decision on this case should be swift, stop the long drawn out nonsense that exist, drunk drivers should be sent away for maximum time and the relatives receiving substantive compensation in tandem; Williams can sell his vehicle and compensate this man’s family. I am not making a strange and outlandish request, I am just reminding the justice system of what took place in the tortured teen landmark judgement the same principle applies here.

If we are to get anywhere close to bringing gun crimes and drunken driving under control it is now.