BASSETERRE, St. Kitts — THE Royal St. Christopher and Nevis Police Force has acknowledged that an internal administrative oversight contributed to confusion surrounding the recent importation of 15 firearms and more than 1,500 rounds of ammunition into the Federation, amid public criticism over the decision not to lay criminal charges.
Earlier this month, police announced that Customs officers had discovered the weapons and ammunition inside a shipping container at a residence on Nevis. The announcement prompted widespread concern and questions after authorities later confirmed that no criminal charges would be brought against the individuals involved.
Speaking at a recent press conference, police officials explained that the firearms belonged to retired law enforcement officers from North America who were relocating to Nevis and had, in fact, submitted an application for an import permit before the shipment arrived.
According to Deputy Commissioner of Police Cromwell Henry, the application included all the required documentation but was inadvertently overlooked.
"The visitors, they did send an application ahead of the weapons being shipped…we got an application via email requesting an import permit. There was an import permit that was submitted, a list of the firearms and their serial numbers, copies of their licences to keep those firearms in Canada, as well as their passport bio page," Henry told reporters.
He acknowledged that the application was not processed because it was missed among a high volume of correspondence received in the lead-up to the St. Kitts Music Festival. "We missed it among the list of emails that we got," Henry said.
Police also revealed that the shipment had been properly declared to Customs upon arrival.
"Customs knew that they were in the container before they opened the container. However, Customs did not relate that to us," Assistant Commissioner Travis Williams explained.
He said officers initially believed the firearms had been imported illegally because they were unaware that an application had already been submitted.
Williams said the investigation ultimately found no evidence of criminal intent—an essential element required to support smuggling or other criminal charges.
"Because there was an attempt to inform us, to notify us, we could not prove that they had intended to smuggle them in. Smuggling requires an intent to evade the authorities, and we cannot establish that wanted to evade the authorities when they had already sent a list of what they are bringing in to the authorities.
Although criminal charges were ruled out, Williams noted that the individuals had not completed the required administrative process because the import permit had not been issued before the shipment arrived.
As a result, the matter was referred to the Customs and Excise Department for action under the Customs Act.
"...the law gives Customs that leeway to levy penalties for that violation. So we turned it over for Customs to deal with the persons under the Customs Act."
Williams maintained that, without proof of criminal intent, police could not pursue prosecution. "Because we could not prove intent, which is an important element of any crime, we leave Customs to deal with it administratively."
The firearms remain in police custody while Customs concludes its administrative proceedings.
