CITY Magistrate Judy Latchman yesterday dismissed firearm and ammunition charges against 26-year-old Desmond Williams after the prosecution failed to establish a prima facie case in the absence of the ballistics expert. Williams of Lot 1267 ‘B’ Field, Sophia, Greater Georgetown, was charged with having in his possession 11 rounds of .32 ammunition and a .32 Taurus semi-automatic pistol on October 22, without being the holder of a firearm licence.
He was denied pretrial liberty by Magistrate Latchman on his first appearance after the prosecution opposed bail, citing the seriousness and nature of the offence and the fact that the gun he was allegedly found with was used in the murder of Abdool Saleem Azziz.
Williams’s attorney-at-law, Onassis Granville submitted that the prosecution failed to make out a prima facie against the defendant. The counsel argued further that the prosecution also failed to satisfy each element of which Williams was charged.
Granville said that the prosecution was supposed to address the evidence to establish that the defendant was in possession of a firearm and ammunition. Such evidence, the lawyer argued, is addressed through an expert’s testimony and so far no such evidence was being led.
The defence further argued that no ballistic reports had been tendered as evidence and no evidence was before the court to satisfy that Williams was found with a firearm and ammunition.
Police prosecutor Kerry Bostwick made an application yesterday for the court to go to the home of one of the prosecution witnesses who was unable to attend court due to his illness. The witness was ballistics expert Corporal Sampson who had been continuously sick and unable to present himself to court to give evidence in the matter.
However, the application made by the prosecution was denied and the court called on the prosecution to close its case.
Corporal Bostwick then closed his case and conceded that the prosecution could not prove its case without the evidence of the ballistic expert.
Magistrate Latchman then ruled that there was no evidence led as to the defendant being in possession of a firearm and ammunition, therefore a prima facie case had not been made out on either of the charges.
Four men were charged with the murder of 23-year-old engineer Azziz as he was about to enter his Lot 33 Delhi Street, Prashad Nagar home on October 19 last.

However, three of them, Glenroy Griffith, 21, Jarrell Ward, 26, and Julian Mack were committed to stand trial for that offence on June 2 by Chief Magistrate Priya Sewnarine-Beharry. The charge against the fourth person Justin Griffith was withdrawn before the PI commenced since there was insufficient evidence to proceed against him.

By Geeta Rampersaud