BASSETERRE, St. Kitts – A number of magisterial appeals heard by the Eastern Caribbean Court of Appeal earlier this week were allowed, with the decision of the lower count being either quashed or varied.
Among the cases heard were those of three men convicted of gun-related offences.
An operation conducted by police on Thursday, April 24, 2008 in the Tabernacle area revealed that Ames Liburd was carrying a 45mm pistol and 12 rounds of hallow-point 45mm ammunition. He was taken into custody, charged with illegal possession of a firearm and ammunition and subsequently convicted and sentenced to serve time in prison.
Ames’ main ground of appeal is that the presiding magistrate erred in not putting the “election” to him as to whether he wants his case tried summarily (in Magistrate’s Court) or by indictment (in High Court). He also argued that the sentence was too harsh, oppressive and severe.
His appeal against conviction was accepted by the court and the judgment of the Magistrate’s Court deemed a “nullity”.
Conaree resident Kimbell ‘Kim” Williams was also sentenced to prison on a gun-related offence and appealed the decision of the court.
The young man was sentenced to a six-year term of imprisonment for each count of “possession of cannabis” and “possession of ammunition”.
According to a police press release, the circumstances which led to his being charged are that “At approximately 12:30 p.m. on Saturday 15th September 2007 acting on information received, police stopped and search motor car P-4710 in Challengers and found a .32 pistol with eight (8) rounds of ammunition inside of the vehicle. The driver and owner of the vehicle, Glenford Pelle Gumbs Jr. of Cayon Village along with occupant Kimbell Kim Williams of Keys Village were arrested and charged with the offences of Possession of a Firearm and Possession of Ammunition."
The charges against Gumbs Jr. were subsequently dropped, however, Williams was convicted and sentenced.
His main grounds of appeal mirror those of Liburd’s, which were also accepted by the court. The conviction was quashed and the trial declared a nullity.
Notwithstanding, however, Williams was taken back to Her Majesty’s Prison where he continues to serve a two-year-sentence for a separate incident of illegal firearm possession.
On August 19, 2009, Kasim Liburd was found guilty of illegal firearm and ammunition possession and was sentenced to serve two three-year prison sentences, which are to run concurrently.
After hearing from character witnesses and taking into consideration that Liburd admitted guilt and was fully cooperative with the police, the Court of Appeal reduced his sentence to two years on each count.
