Charges for illegal firearm and ammunition possession were dismissed against a 53-year-old Corentyne, Berbice man after a no-case submission was upheld by Magistrate Renita Singh, who is presiding at the Whim Magistrate’s Court. The submission was put forward by defence lawyer Bernard Da Silva.
The first charge against Michael Bascom alleged that on December 17, 2018, at Haswell Port Mourant, Corentyne, Berbice, he had a Ruger New Port Long Rifle firearm and one 30-30 Winchester Hunting firearm in his possession when he was not the holder of a firearm licence in force at the time.
It was further alleged that on the same day at the same location, he had twenty-six 30-30 ammunition and fifty-seven 22 long rifle ammunition in his possession without being the holder of a firearm licence in force at the time.
The case for the prosecution was that Bascom made an oral statement. The prosecution alleged that he uttered the following words, “My cousin Naro bring them guns and left them” after the allegations were put to him. But Bascom, at his trial, had denied making any such statement to the Police.
Defence counsel DaSilva submitted that the alleged oral statement appeared to be the “body” and “soul” of the prosecution. Notwithstanding this, Da Silva said that no evidence was presented to prove the elements of the offences. According to him, the record of the statement purportedly made in the Whim Police Station diary was not tendered into evidence.
“There were no video or voice recordings. There were no contemporary notes; not even a simple personal diary entry was presented to this honourable court in support of the contention that the defendant [Bascom] made such an oral statement,” Counsel argued.
Da Silva submitted that his client had nothing to prove and is entitled to rely on the presumption of innocence, guaranteed under Article 144 of the Constitution of Guyana. He reminded that from the inception, Bascom pleaded not guilty and that the burden of proof rests solely on the prosecution.
The evidence adduced by the prosecution, taken at its highest, is manifestly unreliable, Da Silva said, while adding that a prima facie case was not made out against his client “despite a commendable effort by the prosecution, using the limited information provided to him by the investigators.”
Consequently, the defence lawyer further submitted that the charges laid against Bascom should be dismissed at the close of the prosecution’s case. Magistrate Singh upheld the submission of no case to answer and dismissed the charges for illegal firearm and ammunition possession against Bascom.
Bascom had been released on $300,000 bail pending the hearing and determination of his trial.
