Gun accused fails to get new judge to hear his case

On the verge of the start of his trial, a man accused of having an illegal firearm and ammunition had his request denied for a new judge to hear his matter.

When Peter Ricardo Mayers reappeared in the No. 4 Supreme Court on Tuesday morning, he told Justice Laurie-Ann Smith-Bovell he was not pleased with the way she had “handled her court”.

Mayers, of My Lords Hill, St Michael, is set to face a jury after pleading not guilty to having a 9mm pistol and 10 rounds of ammunition on April 20, 2019.

“Last time I came here, I felt that you did not handle your court fairly and I of the mind to let you know that I don’t feel I will get a fair trial before you, either, and if it is possible I would like my case transfer somewhere else,” Mayers, who is representing himself, told the judge.

However, Justice Smith-Bovell informed the accused man that if he was not satisfied with the decision of the jury once his trial was over, he could seek redress at the Court of Appeal.

“The good thing about this system is that I am not the one who determines whether you are guilty or innocent…and whatever it is that you are not happy with, there is a Court of Appeal where three people sit and you are free to take your case there if you are not satisfied with the decision that the jury returns,” she said.

Earlier, Mayers had also expressed his displeasure at not receiving several documents he had requested.

“Last time I was here 35 days ago, I requested the Constitution and the Judges’ Rules and certain things but I ain’t receive them yet, so I don’t know,” an annoyed Mayers complained.

But prosecutor Crown Counsel Romario Straker told the court the accused man requested the Firearms Act, Evidence Act and Indictments Act on the last occasion.

He said he was willing to send copies to the prison Tuesday if Mayers wanted.

“Ma’am, I want Section 18 of the Barbados Constitution and the provisions under that. I also would like the Judges’ Rules. I also requested the Police Procedure Act on forensics, search warrants and them kinda things,” the accused man who is on remand at HMP Dodds responded.

However, Straker informed Mayers if he intended on taking certain actions he would have to do so in the civil court.

“Before we go on, I heard Mr Mayers say he would like Section 18 of the Constitution. I would like to advise Mr Mayers that if that is the route he intends to go, this is not the court for that. He needs to go somewhere else. If you are making a constitutional motion this is not the court to do that,” the prosecutor said.

When questioned by the accused man, Justice Smith-Bovell agreed with the prosecutor.

“All Mr Straker is saying is that if it is your intent to raise a constitutional motion the criminal court is not for you, you have to go to the civil court. That is all he is saying,” she said.

Mayers then told the court it was his intention to make submissions in the absence of the jury on the next occasion.

“I challenging certain statements in this matter and that’s one of the reasons I’m requesting Section 18 of the Constitution. It speaks about certain things relating to this case,” he pointed out.

Justice Smith-Bovell then adjourned the matter until January 26, when Mayers will make his submissions.