One case that amply illustrates the arbitrary and punitive nature of the gun law in its former incarnation dates back to April of 2012, and it's back in the news now because one man who was sent to jail is suing the Government of Belize for wrongful arrest.

Viewers may remember the case of Kent Lynch; his mother, Yvette Lynch; his brother, Errol Lynch, and their friends, Woodrow Reyes Jr., the well-known Leroy Gomez, and Virginie Alvarez. They were arraigned on April 18, 2012 on 2 counts of keeping unlicensed firearm, 1 count of keeping unlicensed ammunition, 2 counts of handling stolen goods.

As we reported, Armead Logan Thurston told police that 2 days before, someone broke into her Baker's Ranch warehouse on the Old Northern Highway and stole her double barrel shot gun and lawn mower.

The Gang Suppression Unit searched a house on Peter Seco Street address, where they found the stolen shotgun and the lawnmower. Additionally, they found a 16-gauge shotgun and 2 cartridges for that weapon. Everyone except Yvette Lynch was present at the time of the search, and as a result, they were arrested and charged with all 5 offenses. Yvette Lynch was not present at the time, but because the house was hers, police charged her also.

At their arraignment, Kent Lynch pleaded guilty to all of the offences, and quite remarkably, he gave an explanation as to why he had those weapons stashed at his mother's house. He told the presiding magistrate that he bought the guns because he feared for his life. He explained that Edward Lord, a deceased but well-known street figure, was his neighbour, and so people considered him Lord's right hand man. That perceived association gained him all of Lord's enemies.

Senior Magistrate Sharon Frazer sentenced him to 6 years. As to the other defendants, the Senior Magistrate's Frazer's hands were tied, and she could not grant them bail. Neither could Magistrate Hettie Mae Stewart grant Yvette Lynch bail when she was arraigned separately on the very same charges.

Additionally, the police prosecutors in charge of the cases could not withdraw the charges, without getting an okay from the DPP.

That impasse landed all 5 defendants in prison, and the next day, Allyson Major was arraigned on these very same charges. He too was not present at the time of the search, but because the police got intelligence that he lived at the house where the guns were found, he was also charged. He says he didn't and that he would only visit the house. Still, he was remanded along with the others. Eventually, all 5 defendants were granted bail, and at a subsequent adjournment, the charges were withdrawn at the instruction of the DPP. Allyson Major had to fight his case in court, and it was not until after the prosecution's case fell apart that he was acquitted. They couldn't prove that he resided at the house, and neither did they explain what this "intelligence" was which claimed that he lived at that house.

Allyson Major has since taken out a lawsuit against the Attorney General and Police Constables Mario Franzua and Orlando Bowen, the arresting officer. He explains in his statement of claim that his personal freedom was deprived for 38 days from his detention for the charges, until when he was able to hire an attorney to apply to Supreme Court for bail.

He is suing for unlawful imprisonment, a declaration that Section 64 of the 2012 Firearms Amendment Act is unconstitutional, aggravated damages because of the carelessness with which the police officers arrested and charged him, aggravated damages because of the public embarrassment created from being criminally charged, special damages, costs and any other relief the court sees fit to grant if it should find in his favor.

His case is significant because essentially, the Firearm Amendment Act will be tested to see whether or not it violates an accused person's constitutional right to be presumed innocent unless proven otherwise. Major claims in his suit that this law is flawed because it has shifted the burden of proof by presuming that persons accused are guilty until they've proven otherwise.