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Major Suit For Government
Thu, October 30, 2014
4 weeks ago, we told you about the lawsuit that Belize City resident Allyson Major Sr. is bringing against the Attorney General and the Police Department. He's seeking an award of damages for the ordeal he experienced while he was wrongly accused of being in possession of a weapon. He's also seeking the get the Supreme Court to strike down sections of the Gun Laws, which have been oppressive and punitive.

As we've told you, back in April of 2012, Police seized 2 weapons from a Peter Seco Street home, where 6 persons were charged and remanded. Fortunately, one of the defendants, a resident of the house accepted guilt, but those other 5 did not get an automatic acquittal. Major, who has a visiting relationship with the woman of the house, protested that he knew nothing about the weapons.

Still, he was arrested, charged, arraigned and remanded based on faulty police intelligence, and he was held in custody for 38 days. He was forced to stand an entire trial before his freedom and reputation was restored to him after being acquitted.

Major contends that he has been forced to endure that ordeal at the hands of the police and the Government which was responsible for the draconian amendments to the gun laws. His case was called up for a brief first hearing today before Justice Michelle Arana. We spoke with them outside of court afterwards, and here's what they told us:

Anthony Sylvestre, attorney
"The matter was disposed of after the persecution close its case. That took place sometime last year in November. We've brought this claim to the Supreme Court claiming damages - exemplary and aggravated damages for various of breaches of Mr. Majors constitutional right. In particular, his right not to be charged unless there is reasonable suspicion. As the public is well aware the provisions of the firearms act allows a person to be charged when apply even if that person in real sense may not necessarily have had any knowledge of the particular ammunition of firearm and therefore they may not have been any reasonable basis for that person to be charged. In the case of Mr. Major, he did not live at the residence, he was not even present and that notwithstanding he was still sought after a group of persons who were present were charged, taken to court, one pleaded guilty and so in all the circumstances we see how the application of the firearms act causes grave injustice to a citizen and in deed any individual who actually in is the country of Belize."

Allyson Major Sr.
"I wasn't at the house, I didn't live at the house. I have a relationship with the woman yes I do and I just go back and front. At the time of the search I wasn't there and I sew the complaint on the TV, so I went to the police station and ask them what happen, they say you are under arrest and from there to the courthouse to the prison and I spent my time there until I get a supreme court bail."

Daniel Ortiz
"The police at any time try to discuss with you how it is they would tie you to this weapon?"

Allyson Major Sr.
"They just brought me from the station to the courthouse."

As we've reported, the Government recently made amendments to the Crime Control and Criminal Justice Act and the Firearms Act, which were passed into law. These amendments were supposed to alleviate the problems created by the flawed gun laws. Before it was given the Governor General's ascent, Sylvestre told us that in practice these amendments do nothing to help the innocent citizens charged with firearm offences. We asked him to explain today, and he said that those citizens still aren't allowed to get bail during their arraignment. This, he said, was a huge oversight by the legal draftsman:

Anthony Sylvestre, attorney
"The provisions of the crime control and criminal justice act which restricts bail for a series of offences which includes firearms related offences. That was not in my view and certainly in the people opposition view and indeed any other Belizeans - that it was properly and thoroughly addressed. What was provision to the crime control and criminal justice act, it allows now for a person who may be regarded as being a person of good character and doesn't have a previous conviction for their bail to be brought up a little earlier, but here is the thing; a person still has to be arraigned before the magistrate court, still will be remanded, still has to make application to the supreme court and when his application is made, his attorney has to write the court and ask that his bail be brought up earlier than the required 10 working days which would amount to at least 14 days. So the amendment doesn't fully address the concern which was being raised that you have people who ought not to be arrested and who as a consequence of the harshness of the law are still remanded in prison. So people are still being remanded and they still have to find monies to employ an attorney and apply for bail to the Supreme Court. So you could answer the question for yourself, does that address the concerns? Certainly it doesn't."

Allyson Major's lawsuit goes back to court on November 27.

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