Derek Achong
The Court of Appeal has reinstated three firearm charges against a man, who was freed last year after a magistrate raised issues with the phrasing of the charges against him.
Delivering an oral ruling in a magisterial appeal brought by the Office of Director of Public Prosecutions (DPP), Appellate Judges Mark Mohammed and Maria Wilson ruled that Isaiah Collins case was wrongly decided by the magistrate as the charges were correctly formulated.
The appeal centred around Collins being charged with three firearm possession charges after he was allegedly found in possession of a rifle butt extension, a rifle drum, and a magazine in 2020.
In May, last year, the magistrate dismissed the charges as she felt that Collins should have been charged with possession of firearm components and not for possession of a firearm for each item.
The magistrate rejected an application to amend the charges as she ruled that it would change the nature of the offence, Collins was initially accused of and would be prejudicial to him.
In the appeal, Sabrina Dougdeen-Jaglal pointed out that the definition of a firearm under the Firearms Act includes firearm accessories and components.
While the appeal panel suggested that it agreed with Dougdeen-Jaglal's submission, it pointed out that the magistrate could have allowed prosecutors to amend the charge as such action would not seek to "plug a hole" in their case.
"Absolutely no injustice or prejudice would have affected the defendant," Justice Mohammed said, as he noted that the case was at a preliminary stage when the magistrate made the decision.
As part of its decision in the case, the appeal panel ordered that the case be remitted to another magistrate, who would preside over a trial of the charges.
As Collins was not present at the Hall of Justice in Port-of-Spain or in the virtual courtroom for the hearing, the panel ordered that the DPP's Office notify him of what transpired.
Dougdeen-Jaglal agreed as she pointed out that Collins would have received notification even without the court's order.