36 hours after he was busted, Ismael Antonio Moran Enriquez has not been arraigned or remanded, though he has been charged and is in custody. And that's because the Commissioner of Police David Henderson didn't want him charged in the first place. In a very candid interview over the phone, Henderson told us that he feels it would be, quote, "really unreasonable to charge him," end quote.

And why is that? Henderson says Moran had asked Immigration personnel at the border to let him assist a woman to carry a bag across the border station - and he never left the customs building. But, 7news has confirmed that he did walk past the Customs Inspection ramp - without a bag - and that's when Customs personnel pulled him over and found the gun.

Anyone who's travelled will know that customs and immigration are two different things - and Immigration can't allow anyone to pass customs. But that's just what Moran tried to do - and when the Customs officer told him he had to make a declaration that's when they say he started to act suspiciously.

When they searched him - they found this loaded Colt 45 pistol in his pocket. He had a gun license, two actually, but not for the 45 pistol. The gun licenses he carried - and this is one of them - is for a 9 millimeter Glock pistol and a rifle. That's the fact - but the commissioner of police - either misled or misinformed - and trying to do the same to us - told us that Moran does have a Guatemalan license for the gun; well, he certainly didn't have any on him for a 45 pistol.

So what happens next? Well if it were any Belizean, there'd be no question: arraignment and straight to jail on remand. In fact, anyone else the Belizean happened to be travelling with would probably also end up in jail! But Senor Moran - who seems to have some big local connections - will remain in police custody until the DPP reviews the case and decides if charges should be brought. Henderson says he has sent the case to the DPP because he believes authorities - including his own Benque Viejo police - acted quote "hasty."

So, he says, statements will be taken and everything will be passed on to the DPP for her to make a decision, and until then Moran will remain in custody. DPP Cheryl Lyn Vidal today confirmed that she did speak with the police legal advisor and insisted on receiving all relevant documents before any decision is made.

And that's where it rests tonight - a most uncomfortable spot for many observers because the fact is Moran Enriquez had crossed the customs ramp when he was stopped - and for all anyone knows was looking to head out of the main passenger building into Belize. The weapon he carried is prohibited in Belize; no license has been produced and it was loaded with ten live rounds. Additionally, it is a distinctive, customized pistol with American Eagle grips.

He remains in custody of Benque Viejo police - and we'll continue to follow the case very closely. There is an important update to this story. Late this evening we contacted the DPP who told us that, quote, "The facts originally conveyed to her by police were not borne out in the statement sent from the Customs officer who intercepted Moran." She continues, "And on the evidence available there is no justification for not proceeding with the matter," End quote. DPP Vidal says she has communicated with the officer commanding in Benque Viejo and told him that Moran is to be arraigned as soon as possible.

And so that's where it is tonight, the commissioner of police will not get what he had hoped for, and, like anyone else caught with a prohibited firearm, Moran will be arraigned for possession of a prohibited firearm and ammunition, be remanded to prison and await trial on the matter.

A few more details that have come to our attention since first writing this story. 7news has learned that there is a Guatemalan license for the weapon - it is in the name of George Anibal Orellana - who apparently is Moran's boss.