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The Voice

DPP defends indictment
published: Wednesday | October 6, 2004

THE EDITOR, Sir:

PERMIT ME to respond to a statement purportedly made by Mr. R.N.A. Henriques, Q.C., as reported by Miss Barbara Gayle under the caption, 'Teacher loses UK Privy Council Application Bid' in The Gleaner of October 5.

The report said that Mr. Henriques "was surprised that the Director of Public Prosecutions presented the indictment against Irons and presented the case in court when section 45 (2) of the Firearms Act stated that a licensed firearm holder who is leaving the island could leave his firearm with a licensed firearm holder."

Section 45 (2) of the Firearms Act provides:

"Where any holder of any Firearm User's Licence is about to leave Jamaica and does not desire to take the firearm or ammunition to which such licence relates with him, he shall before leaving Jamaica arrange for the storage of such firearm or ammunition in such place and under conditions as may be approved by the chief officer of police, or deliver such firearm or ammunition either ­

(a) to some person who is the holder of a Firearm User's Licence in respect of such firearm and ammunition as the case may be..."

If the section had been properly read by Mr. Henriques, he could not have been surprised by the indictment because the words are clear. Let me observe that Mr. Irons pleaded guilty as he was clearly in breach of the Act, and the Court of Appeal must have appreciated the relevant words since the conviction was upheld.

I am, etc.,

KENT S. PANTRY, Q.C.

Director of Public Prosecutions

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