BASSETERRE, St. Kitts, Feb.15.2018 – THE Director of Public Prosecution (DPP) Chambers is challenging a decision made by a magistrate to impose a US$2000 fine on an American found with a firearm in St. Kitts.
According to information obtained by this media house, the American was in the process of travelling out of St. Kitts via the RLB International Airport when a Kel Tec .32 Pistol was discovered in his possession.
He was placed before the court the following day and fined by the Magistrate.
DPP, Valston Graham told SKNVibes today that though he cannot give specifics in relation to the case, the prosecution was not pleased with the penalty imposed by the magistrate.
“In my opinion, the penalty imposed by the magistrate was unduly lenient. And in circumstances where it is unduly lenient [and] the DPP forms the view that the penalty is unduly lenient; the law gives me the right to appeal.”
This media house understands that many in the legal fraternity are not happy with the figure that was imposed, in light of the recent legislation that was passed to stiffen the penalty for persons found with an illegal firearm.
In tabling the amendments to the legislation last year, National Security Minister, Dr. Timothy Harris indicated that, “This legislative response determines that the penal provision attending to the illegal possession and use of firearms must be harsher to serve the deterrent effect. Specifically, section 2 of the said Bill will amend the penalty to be imposed by the Judiciary both superior and inferior for a range of offences under the substantive Act, and this, as it is now proposed, will double the penalty to be exacted by the judiciary”.
Pointing out the grounds for his appeal, DPP Graham said that the firearm offenses act based on the wishes of Parliament carries a mandatory prison term.
“And even if it was a case where the magistrate felt that she could have used her powers and allow the Magistrate’s Court Act, which allows Magistrates to be able to substitute imprisonment for a fine; we felt that if a fine was appropriate… then the fine was too low.”
SKNVibes understands that the man has already departed the Federation.
