And while that alleged joint enterprise for drug trafficking swept up eight persons, another similar law that has garnered much criticism for its use and misuse by police is the gun law. The last controversial case we reported on was predicament of the Smith family from Giles Street.
Right after the funeral for their teenaged brother and son, the entire family was arrested and charged with firearm offences earlier this month, even after they tried their best to explain to the police officers that the gun did not belong to any of the residents. They were released last week Tuesday, after a week on remand, and at the end, it was proven in court that they didn't have to endure that ordeal for that unlicensed weapon because one of the persons charged accepted guilt for it.
Yesterday, our colleagues from KREM News spoke with Attorney General Wilfred Elrington about cases like the Smith's, and he said that the Government did not foresee the unintended and painful consequence the application of this amended law would create:
Hon. Wilfred Elrington - Minister of Foreign Affairs
"My own situation is a very simple one, I don't like incarcerating anyone. I don't like anybody to be detained or imprisoned, and certainly people who are innocent. Very painful situation; I had a whole family on Victoria Street who are a large measure my supporters for year. And a catch of drugs or a gun was found on the neighbour's house, but everybody in my constituency's home, everybody was taken and locked up in the prison. For a long period of time, young people, the poor lady was washing her clothes, all her clothes were left on the washboard, and it got rotten and messed up. And these are people who really and truly are hard working poor people who really committed no offence. Victoria Street is a difficult area and some of the kids are difficult, but these adults really, obviously were not involved in anyway; that thing pain me so much and of course Mr. Smith is also somebody who I know very well. When I go on walks in the morning he is out there with his dog; He doesn't interfere with anybody. I don't know his wife, but I know one or two of his kids but he is a guy if you don't mess with him, he doesn't interfere with you. So when I heard that all of them were locked up I felt so distressed. Problem is that when we write these laws, normally we try to deal with one problem but it always have unintended consequences and those consequences are so painful. The question is, how do you arrive at the correct balance – because unquestionably we seem to have a lot of guns and far too many Belizeans are dying from guns. It is not that we are not very sympathetic and I heard of a magistrate who had taken away a gun because he wanted to prevent possible harm done to another person by his friend; Police met him with the gun and locked him up. These are sad situations and very painful ones and one would have to be heartless not to be moved by them. I will tell you from my own personal point of view, I would want to find a situation where we can avoid carrying everybody they find in the house to court and locking them up. I will be most in favour of causing that kind of legislation to be enacted if we can find the right words. The problem is you see that, the real problem that we find is that you find a gun in a house and the police say alright I will not take everybody, I will take one person and you charge that one person. That person gets into court and say look, it is not my gun, that gun belongs to x and y in the house what do you do then. Magistrate if forced to throw the case out so nobody gets convicted. You see, but if you carry everybody, the thinking is; Well, if everybody is on the stand the others will be able to say look, we are not responsible, he is the one and he will not be in a position to deny this is for that reason that we find this unfortunate situation."
The Firearms Act was amended in 2008 and 2010, when the Government was trying to get tough on crime.
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