Magistrate Mallalieu dismissed firearm and ammunition charges

Nevispages Reporter

(CHARLESTOWN, NEVIS)- At the District ‘C’ Magistrate Court on Thursday, April 30, 2015 Analdo ‘Nandy’ Browne of Newcastle, escaped a prison sentence when Her Honor, Magistrate Josephine Mallalieu dismissed the charges of possession of firearm and ammunition against him.

Browne was charge with the offense in February 2014.

District 'C' Magistrate Court
District ‘C’ Magistrate Court

A number of police officers gave evidence on behalf of the Prosecution. Sergeant James Stephen, custodian of the police armory was the first to give evidence. He stated that he checked the files of the Federation and it revealed that Analdo Browne was not a holder of a firearms users’ license or certificate in the federation.

Retired officer, Sergeant Cornell Daniel, the firearms examiner, also took the stand and gave evidence about the specifics of the gun.

The officer, Constable Kennedy Stevens who ‘busted’ the defendant with the illegal item also gave evidence. He told the court that he was on duty at the Charlestown Pier on Saturday, February 22, 2014 at about 12:00 noon when he saw the defendant running towards his direction in an attempt to embark the M.V. Mark Twain. The officer further stated that he observed the accused fixing the front of his pants while running. The officer said that he saw a black object visible in the defendant’s waist. As a result of what he saw Officer Stevens said that he stopped the defendant and asked him if he had anything to declare, to which he replied, ‘no’.

The officer said when he was about to search the defendant for controlled drugs, arms and ammunition, the defendant dropped his two bags, removed his slippers and began to run. The policeman said he then shouted, “Police, stop!”

Officer Stevens then stated that he retrieved his service pistol and pursued the defendant on foot. He said, Browne jumped over the gazebo and an object what appeared to be a gun fell from his pants. Here, he indicated that he instructed the defendant to move away from the object and he complied.

While the officer tried to retrieve the firearm, the defendant made an escape. He was able to evade custody for two days and on Monday, February 24, 2014 he turned himself in at the Basseterre Police Station.

The accused was then brought to Nevis and was arrested and charged on an E Form.

Police Prosecutor, Inspector Stephen Hector called Constable Liburd who is attached to the Drug Squad in St. Kits to give evidence. In Liburd’s testimony, he said that the defendant called him and told him that he wanted to hand over a firearm. The officer stated that when he told Browne to hand over the weapon to the authorities in Nevis, he responded by saying that he did not trust the police in Nevis. He told the court that on the day in question; Browne was traveling to St. Kitts to meet him with the firearm.

He said on Saturday, February 22, 2014 he received a call from the defendant who reminded him to meet him on the pier in St. Kitts to get the firearm. He further stated that a couple minutes later he received another call from the defendant who stated “bwoy wha really going on because police pull his gun on me and I got frightened and run because I didn’t want him to shoot me”. He said he told the accused to go to the police station and he replied that he was scared. He officially turned himself over to police in St. Kitts on Monday.

During cross-examination, Browne, who was unrepresented by legal counsel, questioned Liburd on his integrity about being a police officer and if he would commit perjury knowing that if found guilty he could lose his job.

Browne did not take the stand to give evidence on his own behalf.

Magistrate Mallalieu, in her ruling deemed the behavoiur of the defendant strange. She stated, “You say you going to hand over a gun but you drop your bags and take off like a wild animal. Why you couldn’t explain to Officer Stevens that you were going to hand over the firearm to Constable Liburd?” However, she indicated to the court that Constable Liburd supported his evidence and as a result she dismissed the case against the defendant.

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