State prosecutor Rudolph Burnett has urged a High Court judge to send a strong message, on behalf of citizens of this country, that the wanton use of illegal firearms will no longer be tolerated.
The appeal came as the acting senior state counsel
made submissions on sentencing in which he urged Madam Justice Laurie-Ann Smith-Bovell to impose a starting sentence of eight years or a $35 000 fine on Baggio Elson Roberto Roach, of Thorpes, St James, for having an illegal Glock
semi-automatic pistol and eight rounds of ammunition on July 7, 2020.
“The prosecution believes that a strong message should be sent to these young men. They must be told in no uncertain terms that we, the citizens of this country, will no longer tolerate this wanton use of firearms,” Burnett stated.
“This situation must be brought under control!”
The prosecutor told the No. 4 Supreme Court that he had “checked and rechecked” the Constitution and “I have not seen it written anywhere that the citizens of this country have the right to bear arms”.
He added: “We are now on the threshold of introducing a new Constitution in our country and one can rest assured that it will not contain a provision which will give the citizens the right to bear arms, for the simple reason that we as a nation don’t think that it is necessary.”
Burnett recommended that from the proposed sentence of eight years in prison, Roach should be given a one-third discount for his guilty plea and the time he had spent on remand, leaving him with three years to serve for the offences.
“The prosecution firmly believes that the remaining three years will meet the justice of this case and maintain public confidence in the judicial system,” he said.
However, Burnett added that a fine would also be a fair sentence.
A $25 000 fine, he suggested, should be imposed for the firearm crime and a further $10 000 for the ammunition.
The prosecutor based his sentencing submissions on grounds that the firearm, according to experts, was in good working order, was loaded in a public place and the serial number had been removed, as well as the fact that Roach had tried to evade police before he was arrested.
However, the convicted gunman’s attorney Latisha Springer countered the prosecution’s submissions and contended that a $20 000 fine was appropriate for the firearm and $6 500 for the ammunition.
The defence attorney further submitted that the alternative sentence should start at seven years and not the eight the state had recommended.
According to the facts of the case, police went to execute a search warrant at Roach’s residence on July 7, 2020, based on a tip-off. On arrival, they saw Roach and another man running out a gate at the back of the residence, onto a pathway. Lawmen observed Roach had a bag. He was apprehended and a search was conducted of his person but nothing was found. However, the pistol was found in the bag he was carrying.
“I only get that gun today, officer. Dem bullets come with the gun, officer,” Roach said when asked to account for the items.
He will reappear before Justice Smith-Bovell on February 15 for sentencing.
