R v Derby (Dean Ryan) - Verdict Judgment

¶ ```html <table> <tr> <td>1</td> <td>IN THE GRAND COURT OF THE CAYMAN ISLANDS</td> </tr> <tr> <td>2</td> <td>CRIMINAL SIDE</td> </tr> <tr> <td>3</td> <td>INDICTMENT NO：15 of 2020</td> </tr> <tr> <td>4</td> </tr> <tr> <td>5</td> <td>THE QUEEN</td> </tr> <tr> <td>6</td> <td>V.</td> </tr> <tr> <td>7</td> <td>DEAN RYAN DERBY</td> </tr> <tr> <td>8</td> </tr> <tr> <td>9</td> </tr> <tr> <td>10</td> <td>Appearances：</td> <td>Mr. Neil Kumar for the Crown</td> </tr> <tr> <td>11</td> <td>Mr. Keith Myers Q.C. for the Defendant</td> </tr> <tr> <td>12</td> <td>Before：</td> <td>Justice Cheryll Richards Q.C.</td> </tr> <tr> <td>13</td> <td>Judge Alone Trial：</td> <td>29th and 30th June，1st and 2nd July and 21st</td> </tr> <tr> <td>14</td> <td>August 2020</td> </tr> <tr> <td>15</td> <td>Date of Decision：</td> <td>26th August 2020</td> </tr> <tr> <td>16</td> </tr> <tr> <td>17</td> </tr> <tr> <td>18</td> <td>HEADNOTE</td> </tr> <tr> <td>19</td> <td>Criminal Law - Section 15 (1) and (5) of the Firearms Law，(2008</td> </tr> <tr> <td>20</td> <td>Revision) Possession of Unlicensed Firearm and Ammunition - Nature of</td> </tr> <tr> <td>21</td> <td>offence，whether strict liability，momentary possession.</td> </tr> <tr> <td>22</td> </tr> <tr> <td>23</td> </tr> <tr> <td>24</td> <td>VERDICT JUDGMENT</td> </tr> <tr> <td>25</td> </tr> </table> ``` ```latex \textbf{HEADNOTE} \\ \textbf{Criminal Law - Section 15 (1) and (5) of the Firearms Law, (2008 Revision) Possession of Unlicensed Firearm and Ammunition - Nature of offence, whether strict liability, momentary possession.} ``` ```html <table> <tr> <td>26</td> </tr> <tr> <td>27</td> </tr> </table> ``` ```latex \textbf{VERDICT JUDGMENT} ``` ```html <table> <tr> <td>26</td> </tr> <tr> <td>27</td> </tr> </table> ``` ```latex \textbf{Verdict Judgment: The Queen v. Derby (Dean Ryan): Ind. 15 of 2020. Coram: Richards J. Q.C. Date: 26.08.2020} ``` ```html <table> <tr> <td>26</td> </tr> <tr> <td>27</td> </tr> </table> ``` ```latex \textbf{Page 1 of 54} ```
```html <table> <tr> <td>1.</td> <td>The Defendant, Dean Ryan Derby is charged on indictment 15 of 20 with two offences,</td> </tr> <tr> <td>Possession of an Unlicensed Firearm and Possession of an Unlicensed Firearm</td> </tr> <tr> <td>(Ammunition) both contrary to s.15(1) and s.15(5) of the Firearms Law (2008</td> </tr> <tr> <td>Revision).</td> </tr> <tr> <td>2.</td> </tr> <tr> <td>3.</td> <td>The particulars of the first count are that he on the 13th day of February 2020 at Ms.</td> </tr> <tr> <td>Francis Lane in the vicinity of #3 Myles Lane, George Town, Cayman Islands, had in</td> </tr> <tr> <td>his possession an unlicensed firearm, namely a Smith and Wesson M & P 9 mm semi-</td> </tr> <tr> <td>automatic pistol, serial number DVF5443 which was not under and in accordance with</td> </tr> <tr> <td>the terms of a Firearm User's License.</td> </tr> <tr> <td>11</td> </tr> <tr> <td>12</td> <td>The second count charges that he, on the said date and at the same time had in his</td> </tr> <tr> <td>13</td> <td>possession 9 rounds of ammunition, namely 9mm cartridges, which was not under and</td> </tr> <tr> <td>14</td> <td>in accordance with the terms of a Firearm User's License.</td> </tr> <tr> <td>15</td> </tr> <tr> <td>16</td> <td>FIREARMS LAW</td> </tr> <tr> <td>17</td> <td>Section 15(1) of the Firearms Law provides that no person shall be in possession of any</td> </tr> <tr> <td>18</td> <td>firearm except under and in accordance with the terms of a Firearm User's (Restricted)</td> </tr> <tr> <td>19</td> <td>Licence. By ss.5 a person who contravenes this section is guilty of an offence.</td> </tr> <tr> <td>20</td> </tr> <tr> <td>21</td> <td>By ss.(2)，ss.(1) shall not apply to：</td> </tr> <tr> <td>22</td> <td>(a) thngunsmithspecof any</td> </tr> <tr> <td>23</td> <td>the holder of a's Licence ivred to him</td> </tr> <tr> <td>24</td> <td>for the purpose of repair on</td> </tr> <tr> <td>25</td> <td>26</td> <td>ty person wh possesurions thereof</td> </tr> <tr> <td>27</td> <td>for the effecting an firearm deli</td> </tr> <tr> <td>the administrator on awful alteo，</td> </tr> <tr> <td>acity of e</td> </tr> <tr> <td>an comes into&amp;tm in the exec in Ran</td> </tr> <tr> <td>of the estate of any firap" or Tw</td> </tr> <tr> <td>administrator of the estate of any person or card next in Bankruptcy or</td> </tr> <tr> <td>liquidator of any insolvent person or of any company in liquidation， during the</td> </tr> </table> Verdict Judgment: The Queen v. Derby (Dean Ryan)：Ind. 15 of 2020. Coram：Richards J，Q.C. Date：26.08.2020 Page 2 of 54 ```
```html <table> <tr> <td>period of thirty days after the day upon which he came into possession of such firearm;</td> </tr> <tr> <td>(c)</td> <td>any servant or agent of any of the persons referred to in paragraphs (a) and (b) in respect of any firearm entrusted to him for delivery to the owner thereof in accordance with this Law;</td> </tr> <tr> <td>(d)</td> <td>any constable or customs officer in respect of his possession of any firearm which came into his possession pursuant to this Law during such period as such firearm is so retained by him;</td> </tr> <tr> <td>(e)</td> <td>any person in respect of the possession by him of any firearm entrusted to him by any constable for transportation pursuant to section 9 from any place to any other place during such period, not being longer than is reasonably necessary for the transportation of such firearm, as such firearm is contained in a sealed packet;</td> </tr> <tr> <td>(f)</td> <td>any person in respect of the possession by him of any firearm delivered to him in accordance with paragraph (c) of section 36(2), during the period of the absence from the Islands of the owner of such firearm and two weeks thereafter, or the departure of such owner from the Islands whichever shall be the shorter.</td> </tr> </table>

¶ [6] The Defendant first appeared before the Grand Court on the 6th March 2020. He was arraigned on the 1st May 2020. He entered pleas of not guilty to both counts of the indictment. On the 28th May 2020, he elected trial by judge alone in accordance with s.129 of the Criminal Procedure Code. The trial took place over four days from the 29th June to the 2nd July 2020. Further submissions were heard on the 21st August 2020. APPLICABLE PRINCIPLES - JUDGE ALONE TRIALS

¶ [7] In approaching this case this Court is guided by the Cayman Islands Court of Appeal (CICA) in its judgement in the case of K. Richards v. R1 in which the Court stated: "When a trial judge sitting alone has advised himself of the applicable principles of law and given himself any necessary warning, he must indicate clearly in his judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order 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judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t 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judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as 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reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the ree of case ds acted is reasons foid, in order t quisite degro demonstra judgment hr acting as hte that he ha with the 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```html <table> <tr> <td>1</td> <td>necessary is that the judge's mind upon the matter be clearly revealed": see R. v.</td> </tr> <tr> <td>2</td> <td>Simpson (15) ([1993] 3 LRC at 641, per Downer, J.A.)."</td> </tr> <tr> <td>3</td> </tr> <tr> <td>8.</td> <td>The Appellate Court indicated its adoption of the principles of law as stated in the cited</td> </tr> <tr> <td>5</td> <td>cases and considered that a judge sitting alone is required to provide a reasoned judgment</td> </tr> <tr> <td>6</td> <td>in the case and to demonstrate in so doing an understanding of the following:-</td> </tr> <tr> <td>7</td> <td>i) The importance of fully articulating the legal principles which apply to the particular</td> </tr> <tr> <td>8</td> <td>case before the Court.</td> </tr> <tr> <td>9</td> </tr> <tr> <td>10</td> <td>ii) The importance of warning himself in relation to any special category evidence.</td> </tr> <tr> <td>11</td> </tr> <tr> <td>12</td> <td>iii) The necessity to set out the evidence on which he intended to rely for his decisions;</td> </tr> <tr> <td>13</td> </tr> <tr> <td>14</td> <td>iv) Specifically and specially determining ultimate facts from that evidence and drawing</td> </tr> <tr> <td>15</td> <td>inferences therefrom; and</td> </tr> <tr> <td>16</td> </tr> <tr> <td>17</td> <td>v) coming to a conclusion and judgment based on his ultimate findings of fact and the</td> </tr> <tr> <td>18</td> <td>applicable rules of law.</td> </tr> <tr> <td>19</td> </tr> <tr> <td>20</td> <td>9. Additionally in the case of R. v. Dave Kennedy Whittaker2, the Appellate Court referred</td> </tr> <tr> <td>21</td> <td>with approval to the decision of the Court of Appeal in Northern Ireland from a decision</td> </tr> <tr> <td>22</td> <td>of a judge sitting alone, and stated:-</td> </tr> <tr> <td>23</td> <td>“50 In R. v. Thompson3 (11), Lowry, L.C.J., giving the judgment</td> </tr> <tr> <td>24</td> <td>“While on the subject I might say a word on the duty of the judge when</td> </tr> <tr> <td>25</td> <td>giving judgment in a trial under the 1973 Act. He has no jury to charge and</td> </tr> <tr> <td>26</td> <td>therefore will not err if he does not state every relevant legal proposition</td> </tr> <tr> <td>27</td> <td>and review every fact and argument on either side. His duty is not as in a</td> </tr> <tr> <td>28</td> <td>jury trial to instruct laymen as to every relevant aspect of the law or to give</td> </tr> <tr> <td>29</td> <td>(perhaps at the end of a long trial) a full and balanced picture of the facts</td> </tr> <tr> <td>30</td> <td>for decision by others. His task is to reach conclusions and give reasons to</td> </tr> <tr> <td>31</td> <td>support his view and, preferably, to notice any difficult or unusual points of</td> </tr> <tr> <td>32</td> <td>law in order that if there is an appeal, it may be seen how his view of the</td> </tr> <tr> <td>33</td> <td>law informed his approach to the facts."</td> </tr> <tr> <td>34</td> </tr> <tr> <td>35</td> <td>law inproach to t</td> </tr> <tr> <td>ne.</td> </tr> <tr> <td>2</td> <td>[2010 (1) CILR 29]</td> </tr> <tr> <td>3</td> <td>[1977] NI 74</td> </tr> </table> Verdict Judgment: The Queen v. Derby (Dean Ryan): Ind. 15 of 2020. Coram: Richards J, Q.C. Date: 26.08.2020 Page 4 of 54 ```
```html <table> <tr> <td>10.</td> <td>This case is approached and considered with these principles in mind. My task is to make</td> </tr> <tr> <td>2</td> <td>findings, to give reasons in support of those findings and to address any areas of law</td> </tr> <tr> <td>3</td> <td>which apply. It is not necessary to detail every fact in the case or all the arguments as</td> </tr> <tr> <td>4</td> <td>would be the case in a jury trial.</td> </tr> <tr> <td>5</td> <td></td> </tr> <tr> <td>6</td> <td>PRESUMPTION OF INNOCENCE AND BURDEN OF PROOF</td> </tr> <tr> <td>7</td> <td>11. The presumption of innocence is enshrined in s.7 of the Cayman Islands Constitution</td> </tr> <tr> <td>8</td> <td>2009.</td> </tr> <tr> <td>10</td> <td>12. This provides:</td> </tr> <tr> <td>11</td> <td>“7.-(1) Everyone has the right to a fair and public hearing in the determination</td> </tr> <tr> <td>12</td> <td>of his or her legal rights and obligations by an independent and impartial</td> </tr> <tr> <td>13</td> <td>court within a reasonable time.</td> </tr> <tr> <td>14</td> <td></td> </tr> <tr> <td>15</td> <td>(2) Everyone charged with a criminal offence has the following minimum</td> </tr> <tr> <td>16</td> <td>rights -</td> </tr> <tr> <td>17</td> <td>(a) to be presumed innocent until proved guilty according to law.</td> </tr> <tr> <td>18</td> <td></td> </tr> <tr> <td>19</td> <td>13. In criminal trials the applicable rule is that the burden of proof is on the Prosecution to</td> </tr> <tr> <td>20</td> <td>prove its case to the required standard, which is so that the judge or jury feels sure of</td> </tr> <tr> <td>21</td> <td>guilt of a defendant’s guilt before there can be a conviction. That burden remains on the</td> </tr> <tr> <td>22</td> <td>prosecution from the beginning and throughout a case and does not shift. There is no</td> </tr> <tr> <td>23</td> <td>burden on the Defendant to prove his innocence.</td> </tr> <tr> <td>24</td> <td></td> </tr> <tr> <td>25</td> <td>14. I bore these considerations firmly in mind throughout this case, as I listened to the</td> </tr> <tr> <td>26</td> <td>evi Prosecutior e and as I co</td> </tr> <tr> <td>27</td> <td>considered the</td> </tr> <tr> <td>28</td> <td>idence for the and the Dee verdict.</td> </tr> <tr> <td>29</td> <td></td> </tr> </table> Verdict Judgment: The Queen v. Derby (Dean Ryan): Ind. 15 of 2020. Coram: Richards J, Q.C. Date: 26.08.2020 Page 5 of 54 ```
```html <table> <tr> <td>1</td> <td>CASE SUMMARY</td> </tr> <tr> <td>15.</td> <td>In summary, the case for the Prosecution is that on the said date, the described firearm</td> </tr> <tr> <td>and ammunition were found by the Police in the glove compartment of a silver</td> </tr> <tr> <td>Mitsubishi Colt motor car registration number 173015 which was driven by and in the</td> </tr> <tr> <td>possession of the Defendant. The car was found parked in the vicinity of the house of</td> </tr> <tr> <td>Matteo Ramoon at 3 Myles Lane. This runs off Shedden Road in George Town.</td> </tr> <tr> <td>16.</td> <td>The case for the Defence is that the Defendant found the gun in the glove compartment</td> </tr> <tr> <td>of the car just about three minutes before the arrival of the Police. The Defendant thus</td> </tr> <tr> <td>alleges that he was “set up”. This, on the basis that the car had, in the course of that</td> </tr> <tr> <td>day, been in the possession of other persons, that the firearm and ammunition did not</td> </tr> <tr> <td>belong to the Defendant, had not been placed in the car by him and must therefore have</td> </tr> <tr> <td>been planted by a person or persons unknown.</td> </tr> <tr> <td>THE EVIDENCE-THE PROSECUTION'S CASE</td> </tr> <tr> <td>17.</td> <td>The Prosecution called three live witnesses and with the agreement of the Defence read</td> </tr> <tr> <td>the statements of seven witnesses. In addition, there were a significant number of agreed</td> </tr> <tr> <td>facts between the parties, pursuant to s.34 of the Evidence Law. These included the</td> </tr> <tr> <td>following background details. It is agreed that the Defendant is a 26-year-old Jamaican</td> </tr> <tr> <td>national with no previous convictions. At the time of his arrest, he held a valid Work</td> </tr> <tr> <td>Perm imployed as worker. On</td> <td>Ni</td> <td>om ‘3D R</td> </tr> <tr> <td>the 20th Dec</td> <td>Mitsu otcar was</td> <td>i McFieldent</td> </tr> <tr> <td>t and was ea constructicember 2019</td> <td>iko Giova fr</td> </tr> <tr> <td>23</td> <td>bishi Colt m</td> <td>leased tonni</td> <td>a Car'</td> </tr> <tr> <td>24</td> <td>for an initial period of seven days. Mr. McField leased the car on behalf of the Defendant.</td> </tr> </table> Verdict Judgment: The Queen v. Derby (Dean Ryan): Ind. 15 of 2020. Coram: Richards J, Q.C. Date: 26.08.2020 Page 6 of 54 ```
```html <table> <tr> <td>101/20</td> </tr> </table> <p>Dinah Clarke is the owner/operator of ‘3D Rent a Car’ (exhibit DJC/A) and she produces an agreed copy of the motor vehicle lease. Between December 2019 and the 13th February 2020 when the vehicle was seized by the Police, the Defendant facilitated the necessary arrangements to extend the lease for the vehicle and retained possession of it.</p> <h2>DC SHANE ENNIS</h2> <ol start="18"><li><p>DC Shane Ennis was the first live witness for the Prosecution. His evidence detailed the finding of the firearm in the vehicle, the circumstances under which it came to be found and the initial interaction with the Defendant.</p></li><li><p>DC Ennis gave evidence that he is currently attached to the Crime Task Force of the Royal Cayman Islands Police Service (RCIPS). On the afternoon of the day in question he was one of a number of Officers tasked to be part of a team to execute a search warrant at 3 Myles Lane. Together with other Officers he drove an unmarked police van to the area. He got to Myles Lane at approximately 5：50pm.</p></li><li><p>He stopped the van on the right side of the road, facing the intended location in front of the parked silver motor car. He alighted from the Police vehicle along with other Officers and walked to the address.</p></li><li><p>On passing the car, his attention was drawn to the loud music coming from it. No one wasc. The keytion and the engine appe</p></li></ol> <figure><img src="https://www.example.com/image.jpg" alt="Image of the vehicle"></figure> <ol start="24"><li><p>identified them a photo whichto h as marked as Exhibit 1 in the case.</p></li></ol> <address>Verdict Judgment: The Queen v. Derby (Dean Ryan): Ind. 15 of 2020. Coram: Richards J, Q.C. Date: 26.08.2020</address> <p>Page 7 of 54</p> ```
```html <table> <tr> <td>1</td> <td>22.</td> <td>After going past the vehicle, he saw the Defendant standing with another Officer, DC</td> </tr> <tr> <td>2</td> <td>Dwayne Simpson who was by another unmarked service vehicle. The Defendant was</td> </tr> <tr> <td>3</td> <td>wearing a lime green shirt. At the request of DC Simpson, DC Ennis spoke to the</td> </tr> <tr> <td>4</td> <td>Defendant in order to record his details. The Defendant gave his name, his date of birth</td> </tr> <tr> <td>5</td> <td>as 6th October 1993, his address and occupation and told the Officer that he worked in</td> </tr> <tr> <td>6</td> <td>construction at Camana Bay.</td> </tr> <tr> <td>7</td> <td>8</td> <td>23.</td> <td>When the Officer inquired as to his purpose at the location, he said that he was coming</td> </tr> <tr> <td>9</td> <td>from work and stopped to check Matteo Ramoon who is otherwise called "Rasta". He</td> </tr> <tr> <td>10</td> <td>said he got to the location by walking. He asked the Officer if he could leave. DC Ennis</td> </tr> <tr> <td>11</td> <td>asked him if he had been searched. The Defendant turned indicating that DC Simpson</td> </tr> <tr> <td>12</td> <td>had searched him. DC Simpson indicated yes he had searched him. After indicating this,</td> </tr> <tr> <td>13</td> <td>DC Simpson sought to explain to the Defendant that he could not leave the location</td> </tr> <tr> <td>14</td> <td>without the permission of the Sergeant who was not there at the time. DC Ennis in turn</td> </tr> <tr> <td>15</td> <td>reiterated that to him. DC Simpson said that the Defendant had been seen coming from</td> </tr> <tr> <td>16</td> <td>the house at the time.</td> </tr> <tr> <td>17</td> <td>18</td> <td>24.</td> <td>DC Ennis's next interaction with the Defendant was later that same afternoon when he</td> </tr> <tr> <td>19</td> <td>was called by ADS Daley who inquired if the gentleman's details had been taken and</td> </tr> <tr> <td>20</td> <td>whether he had been searched. ADS Daley then indicated to the Defendant that he could</td> </tr> <tr> <td>21</td> <td>leave. Prior to him doing so, DC Ennis again asked the Defendant how he got to the</td> </tr> <tr> <td>22</td> <td>location. He said he walked. He then walked away in the direction of Myles Lane.</td> </tr> <tr> <td>23</td> <td>24</td> <td>25</td> <td>ought it stra me that tvas music stilm t</td> </tr> <tr> <td>25</td> <td>After nt left the ar</td> <td>he s heard tll pl</td> <td>the explain</td> </tr> <tr> <td>26</td> <td>2:the Defendaea. DC E</td> <td>He thng at the time r</td> <td>parked. ed the car.</td> </tr> <tr> <td>26</td> <td>nni</td> <td>vehicle w H</td> <td>aving fro</td> </tr> <tr> <td>26</td> <td>thought this because he thought of the battery running down and the price of gasoline.</td> </tr> </table> Verdict Judgment: The Queen v. Derby (Dean Ryan): Ind. 15 of 2020. Coram: Richards J, Q.C. Date: 26.08.2020 Page 8 of 54 ```
```html <table> <tr> <td>He inquired of DC Lauder and turned and shouted to the persons around the yard asking</td> </tr> <tr> <td>who the owner of the vehicle was. No one answered him.</td> </tr> <tr> <td>3</td> </tr> <tr> <td>4</td> <td>26.</td> <td>He approached the vehicle together with DC Lauder in order to check it. With the</td> </tr> <tr> <td>5</td> <td>assistance of a flashlight, he saw several items on the floor of the vehicle. The window</td> </tr> <tr> <td>6</td> <td>of the vehicle was down. As he bent down for a closer look he smelled a scent of ganja.</td> </tr> <tr> <td>7</td> <td>He searched the vehicle under the Misuse of Drugs Law. He put on a fresh pair of gloves</td> </tr> <tr> <td>8</td> <td>over a pair that he already had on from his search of the house and he opened the driver's</td> </tr> <tr> <td>9</td> <td>side of the vehicle. The time was 7：10pm.</td> </tr> <tr> <td>10</td> </tr> <tr> <td>11</td> <td>27.</td> <td>He began by bending down and checking the floor of the vehicle. Under the seat of</td> </tr> <tr> <td>12</td> <td>the vehicle he found a leaf commonly used as a grabber. He checked the door and found</td> </tr> <tr> <td>13</td> <td>several receipts associated with numbers.</td> </tr> <tr> <td>14</td> </tr> <tr> <td>15</td> <td>28.</td> <td>On the passenger's side which he next checked, he found on the floor, a white hard hat,</td> </tr> <tr> <td>16</td> <td>pair of gloves, white AL Thompson bag that had in a mesh covering which is used to</td> </tr> <tr> <td>17</td> <td>hinder flies from coming in. On opening the glove compartment, he saw a black firearm,</td> </tr> <tr> <td>18</td> <td>with the butt and handle facing out with a magazine inserted in it. He immediately</td> </tr> <tr> <td>19</td> <td>stopped the search and shouted out ‘gun’. He identified photograph Exhibit 2 as a</td> </tr> <tr> <td>20</td> <td>photograph of the firearm in the same position that he saw it in, in the glove</td> </tr> <tr> <td>21</td> <td>compartment.</td> </tr> <tr> <td>22</td> </tr> <tr> <td>23</td> <td>29.</td> <td>He reported the find to his senior Officer and one of the firearm Officers was called. The</td> </tr> <tr> <td>24</td> <td>25</td> <td>was summoned</td> </tr> <tr> <td>26</td> <td>Crime Owr</td> </tr> <tr> <td>vehd until the</td> <td>Scenesffic</td> </tr> <tr> <td>icle was sea arrival o</td> <td>er and at</td> </tr> </table> Verdict Judgment: The Queen v. Derby (Dean Ryan): Ind. 15 of 2020. Coram: Richards J, Q.C. Date: 26.08.2020 Page 9 of 54

¶ [1] In cross-examination he said that it was after a period of time after arriving at the scene that he thought of who owned that car. The car is a right-hand drive car and the glove compartment is on the left if you are sitting in the car. As far as he could remember the engine of the car was running although he could be wrong about that. The music was playing. When he opened the glove compartment door and looked inside, he saw the gun.

¶ [2] The butt of the gun was facing him and he saw a magazine in it. He did not see any other part of the gun as it relates to the slide. He could see that underneath the gun was a scotia bank receipt.

¶ [3] It was suggested to him that if one is right-handed and picked up the gun, the butt would be on the right and not on the left as it was when he first saw the gun.

¶ [4] It was also suggested to him that the gun must have been placed in the glove compartment in that way by a left-handed person.

¶ [5] He answered that he was not an expert as to someone's dexterity and that it depends on how the gun was being held on being placed inside the glove compartment. ``` ```html <table> <tr> <td>1</td> <td>30.</td> <td>In cross-examination he said that it was after a period of time after arriving at the scene that he thought of who owned that car. The car is a right-hand drive car and the glove compartment is on the left if you are sitting in the car. As far as he could remember the engine of the car was running although he could be wrong about that. The music was playing. When he opened the glove compartment door and looked inside, he saw the gun.</td> </tr> <tr> <td>2</td> <td>31.</td> <td>The butt of the gun was facing him and he saw a magazine in it. He did not see any other part of the gun as it relates to the slide. He could see that underneath the gun was a scotia bank receipt.</td> </tr> <tr> <td>3</td> <td>32.</td> <td>It was suggested to him that if one is right-handed and picked up the gun, the butt would be on the right and not on the left as it was when he first saw the gun.</td> </tr> <tr> <td>4</td> <td>33.</td> <td>It was also suggested to him that the gun must have been placed in the glove compartment in that way by a left-handed person.</td> </tr> <tr> <td>5</td> <td>34.</td> <td>He answered that he was not an expert as to someone's dexterity and that it depends on how the gun was being held on being placed inside the glove compartment.</td> </tr> </table> ``` ```latex \begin{table} \begin{tabular}{|c|c|p{12cm}|} \hline 1 & 30. & In cross-examination he said that it was after a period of time after arriving at the scene that he thought of who owned that car. The car is a right-hand drive car and the glove compartment is on the left if you are sitting in the car. As far as he could remember the engine of the car was running although he could be wrong about that. The music was playing. When he opened the glove compartment door and looked inside, he saw the gun. \\ \hline 2 & 31. & The butt of the gun was facing him and he saw a magazine in it. He did not see any other part of the gun as it relates to the slide. He could see that underneath the gun was a scotia bank receipt. \\ \hline 3 & 32. & It was suggested to him that if one is right-handed and picked up the gun, the butt would be on the right and not on the left as it was when he first saw the gun. \\ \hline 4 & 33. & It was also suggested to him that the gun must have been placed in the glove compartment in that way by a left-handed person. \\ \hline 5 & 34. & He answered that he was not an expert as to someone's dexterity and that it depends on how the gun was being held on being placed inside the glove compartment. \\ \hline \end{tabular} \end{table} ``` ```markdown EVIDENCE OF CIVILIAN WITNESSES MS. CLAUDIA CARBALLO Two esses Claudia Carballo was the girlfriend of the Defendant at the material time. There is no issue between the ```
```html <table> <tr> <td>1</td> <td>Prosecution and the Defence that on Thursday the 13th February 2020, Melissa Rizo</td> </tr> <tr> <td>2</td> <td>sought the assistance of the Defendant in order to run some errands. He offered to lend</td> </tr> <tr> <td>3</td> <td>her his car. Claudia Carballo was the person who collected the car from the Defendant</td> </tr> <tr> <td>4</td> <td>shortly after 12 noon and drove Melissa Rizo and two other ladies around for the</td> </tr> <tr> <td>5</td> <td>afternoon before returning the car to the Defendant at around 5：30pm. The Defence</td> </tr> <tr> <td>6</td> <td>point to the opportunity which Ms. Carballo and the other ladies would have had to place</td> </tr> <tr> <td>7</td> <td>the firearm and ammunition in the vehicle.</td> </tr> <tr> <td>8</td> <td>9</td> <td>36.</td> <td>Ms. Carballo gave evidence that she is a domestic helper. She knew the Defendant as</td> </tr> <tr> <td>10</td> <td>Sean, having come to know him through Melissa Rizo. It was her evidence that the 13th</td> </tr> <tr> <td>11</td> <td>February 2020 was the day before Valentine's day, that in order to borrow the</td> </tr> <tr> <td>12</td> <td>Defendant's car, he picked her up at about 12 noon and she accompanied him back to</td> </tr> <tr> <td>13</td> <td>his work place where he was dropped off. She then had the car for the afternoon. She</td> </tr> <tr> <td>14</td> <td>detailed her driving activities thereafter. These included driving back to her apartment</td> </tr> <tr> <td>15</td> <td>to await Melissa Rizo who contacted her at about 1：30pm, going to Latin Taste</td> </tr> <tr> <td>16</td> <td>Restaurant to order some food, collecting Melissa Rizo, purchasing gasoline for the car</td> </tr> <tr> <td>17</td> <td>and going back to Latin Taste Restaurant to collect the food. Thereafter another person,</td> </tr> <tr> <td>18</td> <td>a friend of theirs by the name of Yesenia joined them. She dropped both at their</td> </tr> <tr> <td>19</td> <td>respective homes in order for them to change and drove to the Immigration Department</td> </tr> <tr> <td>20</td> <td>to collect a form. On her return to Melissa Rizo's house, they waited on a fourth person,</td> </tr> <tr> <td>21</td> <td>Danya, Ms. Rizo's sister to join them. All four, with her driving, went off to do some</td> </tr> <tr> <td>22</td> <td>shopping. Ms. H in the front seat of the vehicle.</td> </tr> </table> Page 11 of 54 Verdict Judgment: The Queen v. Derby (Dean Ryan): Ind. 15 of 2020. Coram: Richards J, Q.C. Date: 26.08.2020 ```
```html <table> <tr> <td>1</td> <td>37.</td> <td>Their first stop was the Kirk Freeport perfume store on Cardinal Avenue. Ms. Carballo’s</td> </tr> <tr> <td>2</td> <td>evidence was that she parked the car in the parking lot of the complex which has the</td> </tr> <tr> <td>3</td> <td>Burger King Store which is near to the Court house, locked it with the key and left it</td> </tr> <tr> <td>4</td> <td>with the windows up. They were in the perfume store for a while, and the three others</td> </tr> <tr> <td>5</td> <td>left her in the store as she waited for her purchases to be wrapped. She then joined the</td> </tr> <tr> <td>6</td> <td>others at the Fossil store where they spent a shorter time before returning to the car. From</td> </tr> <tr> <td>7</td> <td>that location they went to a department Store, AL Thompson where Ms. Rizo made a</td> </tr> <tr> <td>8</td> <td>purchase of a mesh screen. Two of them remained in the car while the others went inside</td> </tr> <tr> <td>9</td> <td>the store. They then went to a Laundry mat in George Town and were there for a while</td> </tr> <tr> <td>10</td> <td>before Ms. Carballo went in the car sometime after five pm to collect the Defendant from</td> </tr> <tr> <td>11</td> <td>his work place.</td> </tr> <tr> <td>12</td> <td>13</td> <td>38.</td> <td>It was Ms. Carballo’s evidence that whilst inside the car, she did not open the glove</td> </tr> <tr> <td>14</td> <td>compartment and did not at any stage see anyone open the glove compartment. She was</td> </tr> <tr> <td>15</td> <td>shown Exhibit 2, the photograph of the gun and said that she had never seen that gun</td> </tr> <tr> <td>16</td> <td>before, it had never been in her possession.</td> </tr> <tr> <td>17</td> <td>18</td> <td>39.</td> <td>In cross-examination she accepted that she had initially lied to the police about what had</td> </tr> <tr> <td>19</td> <td>happened on the day in question. She said that she had done so because she had been</td> </tr> <tr> <td>20</td> <td>driving without a license and was afraid. She said that she explained that to the Police</td> </tr> <tr> <td>21</td> <td>Officer, apologised and told him the reason why she had lied.</td> </tr> <tr> <td>22</td> <td>She de reason sheecause she</td> <td>he knew was</td> <td>the is becausehat</td> <td>id not see</td> </tr> <tr> <td>23</td> <td>4ened that th had lied we gun was in</td> <td>car. She did not</td> <td>he car anc an</td> <td>in</td> </tr> <tr> <td>24</td> <td>he said that s now that in t</td> <td>gun</td> </tr> <tr> <td>25</td> </tr> </table> Verdict Judgment: The Queen v. Derby (Dean Ryan): Ind. 15 of 2020. Coram: Richards J, Q.C. Date: 26.08.2020 Page 12 of 54

¶ [1] 41. She accepted that after she dropped the Defendant at his work place after 12 noon, she was alone in the car. It was suggested to her that it is possible that she could have planted the gun in the car, since she was alone in the car. She replied: ```markdown "I already responded to that question and I said no. I did not put the gun in the glove compartment of the car. I am telling the truth because I am speaking having sworn on the Bible."

¶ [2] 42. She said that she thought it was around 3pm by the time they got to the perfume store because it was almost 2pm when she went to pick up Melissa Rizo. She went to drop them off. She then went to the Immigration Department and then to the perfume store which must have been around 3pm. They were there for quite a while because they were there testing and smelling perfumes so they were there for more than 5 minutes.

¶ [3] 43. It was put to her that from the CCTV evidence, the vehicle was seen on Cardinal Avenue at 3:18pm in the area of the perfume store. At 3:21 pm persons got out of the car and one person re-entered. The car was then seen going towards the junction of Cardinal Avenue and Edward Street. It was put to her that given her evidence that she was with her friends at the store, the person seen entering the car could not have been her.

¶ [4] 44. She said that she did not re-enter the car while at Kirk Freeport, i.e., in the area of the stonot give the while there 24 tell because she further that here to buy e re. She did not give the keys to anyone while there. She maintained that she did not give the keys to anyone while there. She maintained that she did not give the keys to anyone while there. She maintained that she did not give the keys to anyone while there. She maintained that the car had been parked in the parking lot in the ```
```html <table> <tr> <td>1</td> <td>complex, with the Burger King store, which is close to the Court house. She is right</td> </tr> <tr> <td>2</td> <td>handed.</td> </tr> <tr> <td>3</td> </tr> <tr> <td>4</td> <td>45.</td> <td>In relation to how the vehicle had been left, she stated that she had the keys for the car</td> </tr> <tr> <td>5</td> <td>and was the one in charge of securing it. She said that she left it closed with the key and</td> </tr> <tr> <td>6</td> <td>with all the windows up. She pressed the lock button and the car made the sound that it</td> </tr> <tr> <td>7</td> <td>makes when it locks. They all got out of the car to go to the store but she could not say</td> </tr> <tr> <td>8</td> <td>who got out first.</td> </tr> <tr> <td>9</td> </tr> <tr> <td>10</td> <td>MS. MELISSA SMITH RIZO</td> </tr> <tr> <td>11</td> </tr> <tr> <td>12</td> <td>46.</td> <td>Melissa Smith Rizo is also a domestic helper. She had been in a relationship with the</td> </tr> <tr> <td>13</td> <td>Defendant for about 6 or 7 months before the day in question. On the 13th February 2020,</td> </tr> <tr> <td>14</td> <td>the day before Valentine’s Day she asked the Defendant, who she calls Sean, if she could</td> </tr> <tr> <td>15</td> <td>borrow his vehicle to do some shopping and she arranged for her friend Claudia to collect</td> </tr> <tr> <td>16</td> <td>the car from him while she, herself was still at work in West Bay. Claudia picked her up</td> </tr> <tr> <td>17</td> <td>on West Bay Road closer to 2pm and they with two others, Danya and Yesenia they</td> </tr> <tr> <td>18</td> <td>went to various places before going shopping at the perfume and Fossil Stores. After</td> </tr> <tr> <td>19</td> <td>leaving the Fossil Store, she needed to go to the AL Thompson store to purchase one of</td> </tr> <tr> <td>20</td> <td>those curtains that you put on doors so that flies don’t get in. All four went to that store.</td> </tr> <tr> <td>21</td> <td>She was seated in the front of the vehicle; Claudia was driving and the other two were</td> </tr> <tr> <td>22</td> <td>in the back. They spent a much shorter time at this store, about 15 minutes because only</td> </tr> <tr> <td>23</td> <td>Danya went into the store. T</td> </tr> <tr> <td>24</td> <td>There ent to the Lanai</td> </tr> <tr> <td>25</td> <td>until sometime past 5pm, when Claudia left to pick up the Defendant.</td> </tr> </table> Verdict Judgment: The Queen v. Derby (Dean Ryan): Ind. 15 of 2020. Coram: Richards J, Q.C. Date: 26.08.2020 Page 14 of 54 ```
```html <table> <tr> <td>She gave further evidence that whilst inside the vehicle on that day, she did not at any stage open the glove box. She did not at any stage see anyone open the glove box. She was shown the photograph Exhibit 2 and testified that she had not seen this gun before and had never possessed it.</td> </tr> <tr> <td>In Cross examination, she described the Defendant’s personality as being kind to her. When she asked him to run errands, he would help her when he could. She had never seen him hold a gun in her presence or have any bullets in her presence. He had never spoken to her about guns.</td> </tr> <tr> <td>She agreed that there were occasions during that afternoon when Claudia had not been with her. Initially when they went to the Latin Taste Restaurant she had gone to the back of the Restaurant and left Claudia Carballo at the front. Claudia Carballo had also left them during the afternoon and said she was going to the Immigration Department.</td> </tr> <tr> <td>She testified that the car had been parked in the parking lot in the complex with the Burger King Store, near to the Court house, that they all got out at the same time and entered the store at the same time. Claudia Carballo had the key for the car but Ms. Rizo did not notice if she closed the car with the lock.</td> </tr> <tr> <td>She stated that she believes that the windows of the car must have been up. From the moment they arrived at the shop she did not see any of them leave. She did not see Claudia Carballo leave for a period of time. She did not notice because they were all loolmes.</td> </tr> <tr> <td>Sheing the gun</td> </tr> <tr> <td>king at perfu</td> </tr> <tr> <td>27</td> <td>handed.</td> </tr> </table> ``` ```latex \textbf{Verdict Judgment: The Queen v. Derby (Dean Ryan): Ind. 15 of 2020. Coram: Richards J, Q.C. Date: 26.08.2020} ``` ```html <table> <tr> <td>Page 15 of 54</td> </tr> </table> ```
```html <table> <tr> <td>1</td> <td>53.</td> <td>As did the witness Carballo, Ms. Rizo stated that they were in the perfume store for a</td> </tr> <tr> <td>2</td> <td>longer period, and a shorter time in the Fossil store. She also said that at the AL</td> </tr> <tr> <td>3</td> <td>Thompsons store, she was the one who went shopping with Danya and that the other two</td> </tr> <tr> <td>4</td> <td>remained in the car with Claudia in the driver's seat and Yesenia in the back.</td> </tr> <tr> <td>5</td> </tr> <tr> <td>6</td> <td>54.</td> <td>By agreement between the parties, the statement of Dilma Yesenia Mejia Hill dated 10th</td> </tr> <tr> <td>7</td> <td>June 2020 was read. Ms. Hill detailed their movements on the day in question in broadly</td> </tr> <tr> <td>8</td> <td>similar terms to the other women and stated said that while in the car with them, she did</td> </tr> <tr> <td>9</td> <td>not check or place anything in any part of the car including the front compartment.</td> </tr> <tr> <td>10</td> </tr> <tr> <td>11</td> <td>POLICE EVIDENCE</td> </tr> <tr> <td>12</td> </tr> <tr> <td>13</td> <td>55.</td> <td>The statements of a number of Officers were read into evidence pursuant to s.34 of the</td> </tr> <tr> <td>14</td> <td>Evidence Law. DC Dwayne Simpson in his statement dated 14th February 2020, stated</td> </tr> <tr> <td>15</td> <td>that he was on duty on the day in question when at about 3pm he was tasked with</td> </tr> <tr> <td>16</td> <td>assisting with a search at 3 Myles Road under the Firearms Law. On arrival at the</td> </tr> <tr> <td>17</td> <td>location he saw the Defendant in a bright lime green long sleeved construction worker's</td> </tr> <tr> <td>18</td> <td>shirt coming from the doorway of the house. He identified himself to him, told him of</td> </tr> <tr> <td>19</td> <td>the reason they were at the location, searched him and found nothing illegal on him. He</td> </tr> <tr> <td>20</td> <td>did not have any keys on him. The Defendant said that he had walked to the location and</td> </tr> <tr> <td>21</td> <td>pointed towards the direction of Eastern Avenue. He said that he had just come to visit</td> </tr> <tr> <td>22</td> <td>his "brethren" and pointed towards Matteo. The Defendant asked if he could leave and</td> </tr> <tr> <td>23</td> <td>he was told that he until the</td> </tr> <tr> <td>24</td> <td>search was completed.</td> </tr> </table> Verdict Judgment: The Queen v. Derby (Dean Ryan): Ind. 15 of 2020. Coram: Richards J, Q.C. Date: 26.08.2020 Page 16 of 54 ```
```html <table> <tr> <td>1</td> <td>56.</td> <td>ADS Ronald Francis in his statement dated 14th February 2020 stated that he heard the conversation between DC Simpson and the Defendant when the Defendant said that he had walked to the location. After the Defendant left the area and during his conversation with Matteo Ramoon, he concluded that the Defendant must have driven to the location. He made inquiries as to the Mitsubishi motor vehicle and as a result of the response received, which was that Ramoon did not know anything about the vehicle, he believed that the vehicle was driven by the Defendant. He asked DC Mendez to call him back but saw the Defendant walking swiftly towards Martin Drive and out of his view. The Defendant was not located during a search of areas along Shedden Road, Eastern Avenue and at his grandmother's premises at Courts road. He next saw the Defendant at about midnight when the Defendant came in to the Police Station. He was arrested for Possession of an Unlicensed Firearm and after being cautioned, he was asked how he had known that he was going to be arrested for a firearm. He replied, yes, he knew, but he does not want to say because he does not want to get into any trouble. He said that he had driven the car.</td> </tr> <tr> <td>17</td> <td>57.</td> <td>At the time of his arrest the Defendant had changed his clothing and did not have his cell phone which he had with him earlier. He said that he had left his clothing and phone with his mother.</td> </tr> <tr> <td>21</td> <td>58.</td> <td>DC Nakea Mendez's statement dated 14th February 2020 was also read into evidence. He was part of the police team. He detailed the events of the Police's interaction with the Defendant and asked "Did you drive a vehicle". The Defendant stopped, looked in his direction and</td> </tr> </table> ``` ```latex \textbf{Verdict Judgment: The Queen v. Derby (Dean Ryan): Ind. 15 of 2020. Coram: Richards J, Q.C. Date: 26.08.2020} ``` ```html <table> <tr> <td>Page 17 of 54</td> </tr> </table> ```
```html <table> <tr> <td>1</td> <td>said"I did not drive，I walked."A few seconds later DC Mendez was asked by ADS</td> </tr> <tr> <td>2</td> <td>Francis to call the Defendant back but he was too far ahead and was walking very fast.</td> </tr> <tr> <td>3</td> <td></td> </tr> <tr> <td>4</td> <td>59.</td> </tr> <tr> <td>5</td> <td>DC Ricardo Lauder's statement is dated 15th February 2020. He was also part of the</td> </tr> <tr> <td>6</td> <td>team of Officers who went to # 3 Myles Lane. He checked the Mitsubishi vehicle with</td> </tr> <tr> <td>7</td> <td>DC Ennis and states that the music was playing，the driver's side window was down and</td> </tr> <tr> <td>8</td> <td>the keys were in the ignition. Upon going closer to that window，he too smelt a scent of</td> </tr> <tr> <td>9</td> <td>ganja. He stretched in through the window，turned off the car，removed the keys and</td> </tr> <tr> <td>10</td> <td>secured them. Following the search of the vehicle by DC Ennis and the finding of the</td> </tr> <tr> <td>11</td> <td>gun，the car was sealed and transported to the George Town Police Station.</td> </tr> <tr> <td>12</td> <td>60.</td> </tr> <tr> <td>13</td> <td>Later that night，he and other Officers located the mother of the Defendant and</td> </tr> <tr> <td>14</td> <td>arrangements were made for him to hand himself into the Police Station.</td> </tr> <tr> <td>15</td> <td>61.</td> </tr> <tr> <td>16</td> <td>On the following day after the vehicle had been processed by Scenes of Crime Officer</td> </tr> <tr> <td>17</td> <td>Sarah Hough. DC Lauder with DC Ennis recovered a number of items from the vehicle</td> </tr> <tr> <td>18</td> <td>including，four 3D Rent a Car contracts in the name of Niko McField，5 lottery tickets，</td> </tr> <tr> <td>19</td> <td>a Rediform invoice book，$165.00 in cash and three money transfer receipts in the name</td> </tr> <tr> <td>20</td> <td>of the Defendant. A gold colored chain was recovered from the glove box and a gold</td> </tr> <tr> <td>21</td> <td>coloured ring from the driver's door. From the floor of the vehicle was recovered a mesh</td> </tr> <tr> <td>22</td> <td>item with a receipt from the AL Thompson store.</td> </tr> <tr> <td>23</td> <td>62.</td> </tr> <tr> <td>24</td> <td>DC George Hylton's statement is dated 10th June 2020. He was also a member of the</td> </tr> <tr> <td>25</td> <td>search team. In ad</td> </tr> </table> ```
mother of the Defendant, the neon green shirt and other clothing which the Defendant had been wearing earlier that night as well as the Defendant's cell phone. ADS Gareth Daley's statement is dated 11th June 2020. He was also a member of the search party. He details events in similar terms and adds only that Niko McField was also present at the location and he spoke to him in relation to the Mitsubishi vehicle. # FIREARM AND DNA EVIDENCE It is admitted that the firearm, was recovered from the glove compartment of the vehicle at 8:56pm by PC Levy. PC Levy removed the magazine from the firearm and placed it in a brown paper bag. The magazine contained 9 live rounds of ammunition. The firearm was "made safe" and inspected to confirm that there were no rounds in the chamber of the weapon. The firearm was then placed in an exhibit box and secured and sealed. The firearm and ammunition were sealed and labeled by Scenes of Crime Officer Sarah Hough as SH-1 and SH-1A. She also photographed and swabbed a number of items for potential DNA. Swabs of the grips, trigger, magazine, the overall firearm and the glove box handle were submitted to the DNA laboratory for analysis. Buccal swabs were taken by other officers from the Defendant, Claudia Carballo and Niko McField and were also submitted to the laboratory. The conclusion of the DNA Analyst in respect of the swabs from the areas of the firearm was that it was not possible to make a DNA profile of the person who had handled the firearm. There was no DNA profile obtained from the swab of the glove box handle. The swab consisted of partial multiple source DNA profiles of inseparable mixtures from the three individuals. Verdict Judgment: The Queen v. Derby (Dean Ryan): Ind. 15 of 2020. Coram: Richards J, Q.C. Date: 26.08.2020 Page 19 of 54
more than one individual. The swab from the glove box handle contained a partial multiple source DNA profile with an inseparable mixture from at least two individuals. All three individuals were excluded as contributors to this profile. It is also admitted that the firearm is not a registered firearm. It was test fired by APS Anthony Stewart and found to be fully functional and discharged without assistance. It is a lethal barreled weapon. All the ammunition appeared viable with primers and projectiles intact. The Defendant is not a licensed firearm holder. ### CCTV EVIDENCE By Admissions it is agreed that footage showing movements of the Mitsubishi motor vehicle was obtained from Government cameras in George Town. The time and movement correspond with the evidence of the witnesses and of the Defendant with one exception which was highlighted by the Defence in cross-examination and in closing submissions. At the time Claudia Carballo resided in a home located behind Archie’s Bar on Shedden Road. Melissa Rizo resided in an area off Shedden Road next to Rohelio’s Car wash. It is admitted that: At 12:19pm the vehicle travelled past School Road in the direction of ‘Popeye’s’ and towards ‘Flow’. It appears as though a male is driving the vehicle. There were no passengers present. At 12:20:50pm the vehicle turned right at ‘Flelech’ and travelled along Shedden Road. A male was driving the vehicle. There were no passengers present. Verdict Judgment: The Queen v. Derby (Dean Ryan): Ind. 15 of 2020. Coram: Richards J, Q.C. Date: 26.08.2020 Page 20 of 54
At 12:20:57pm the vehicle enters the lane that runs between 'G and Gents' and 'Archie's Bar'. At 12:24pm the vehicle exits the lane back onto Shedden Road and travels towards the 'Flow' stoplights. The camera does not show the driver of the vehicle. At 12:24:52pm the vehicle approaches the stoplight and turns left on to Eastern Avenue. A male is driving the vehicle. There was one passenger (gender unknown). At 12:25pm the motor vehicle is driven from the direction of 'Flow' and travels toward Godfrey Nixon Way. It appears as though a male is driving the vehicle. The camera does not show if there are any passengers present. At 12:37pm the vehicle travels from Godfrey Nixon Way and turns left on to Eastern Avenue in direction of School Road. It appears as though a female is driving the vehicle. At 12:38pm the vehicle travels past School Road heading in the direction of 'Flow'. At 12:39:36pm the vehicle turns right at the 'Flow' stoplight and travels along Shedden Road in the direction of 'Funky Tang'. At 12:39:33pm the vehicle enters the lane that runs between 'G and Gents' and 'Archie's Bar'. The vehicle remains there until 1:43:31pm when it exits the lane onto Shedden Road, making a right turn. Verdict Judgment: The Queen v. Derby (Dean Ryan): Ind. 15 of 2020. Coram: Richards J, Q.C. Date: 26.08.2020 Page 21 of 54
```html <table> <tr> <td>1</td> <td>55.</td> <td>At 2：47pm the vehicle seen traveling towards ‘Funky Tang’ from</td> </tr> <tr> <td>the direction of town towards the junction of Martin Drive and</td> </tr> <tr> <td>Shedden Road.</td> </tr> <tr> <td>56.</td> <td>At 2：47：15pm the vehicle enters Martin Drive from Shedden Road</td> </tr> <tr> <td>and stops at a pathway next to ‘Rohelio's Car Wash’. A heavy-set</td> </tr> <tr> <td>female exits the left right (sic) passenger door and walks down the</td> </tr> <tr> <td>pathway. The vehicle then travels down Martin Drive to the</td> </tr> <tr> <td>Junction of Martin Drive and Myles Lane, and continues straight</td> </tr> <tr> <td>on Martin Drive. At 2：49pm the vehicle returns to the junction of</td> </tr> <tr> <td>Martin Drive and Myles Lane, turning left on to Myles lane. At</td> </tr> <tr> <td>3：04：14pm the vehicle is being driven up Martin Drive from the</td> </tr> <tr> <td>junction of Martin Drive and Myles Lane, and turns into the</td> </tr> <tr> <td>pathway next to ‘Rohelio's Car Wash’. At 3：15：20pm the vehicle</td> </tr> <tr> <td>exits the pathway and travels to the junction of Martin Drive and</td> </tr> <tr> <td>Shedden Road turning left on to Shedden Road in the direction of</td> </tr> <tr> <td>town.</td> </tr> <tr> <td>57.</td> <td>At 3：18：59pm the vehicle is seen exiting Albert Panton Street and</td> </tr> <tr> <td>turning left on to Cardinal Avenue. It then comes to a stop in the</td> </tr> <tr> <td>area of the ‘Pena Perfume’ (sic) store and persons exit the car. At</td> </tr> <tr> <td>3：21pm a person then re-enters the car and it travels towards the</td> </tr> <tr> <td>junction of Cardinal Avenue and Edward Street.</td> </tr> <tr> <td>At 3：21：26pm the vehicle travels across the junction of Cardinal</td> </tr> <tr> <td>Avenue and Edward Street on to Main Street.</td> </tr> <tr> <td>At 3：51：34pm the vehicle exits Albert Panton Street turning left on</td> </tr> </table> Page 22 of 54 ```
```html <table> <tr> <td>1</td> <td>60.</td> <td>GT27-Z-W-EDW-CAR camera shows the vehicle traveling across</td> </tr> <tr> <td>2</td> <td>the junction of Cardinal Avenue and Edward Street and on to Main</td> </tr> <tr> <td>3</td> <td>Street.</td> </tr> <tr> <td>4</td> </tr> <tr> <td>5</td> <td>61.</td> <td>At 3：59pm the vehicle travels towards ‘Funky Tang’ from the</td> </tr> <tr> <td>6</td> <td>direction of town. The driver appears to be female.</td> </tr> <tr> <td>7</td> </tr> <tr> <td>8</td> <td>62.</td> <td>At 3：59：21pm the vehicle is seen going through the stoplight at</td> </tr> <tr> <td>9</td> <td>‘Flow’ and travel onto Sound Way in the direction of ‘Welly’s Cool</td> </tr> <tr> <td>10</td> <td>Spot’. The driver appears to be female.</td> </tr> <tr> <td>11</td> </tr> <tr> <td>12</td> <td>63.</td> <td>At 5：35：53pm the vehicle turns right at the ‘Flow’ stoplight on</td> </tr> <tr> <td>13</td> <td>Shedden Road and travels towards ‘Funky Tang’. A person in a</td> </tr> <tr> <td>14</td> <td>bright green shirt is in the front passenger seat, and the driver</td> </tr> <tr> <td>15</td> <td>appears to be female.</td> </tr> <tr> <td>16</td> </tr> <tr> <td>17</td> <td>64.</td> <td>At 5：36：02pm the vehicle turns into the lane that runs between ‘G</td> </tr> <tr> <td>18</td> <td>and Gents’ and ‘Archie’s Bar’. At 5：39：40pm the vehicle exits the</td> </tr> <tr> <td>19</td> <td>lane onto Shedden Road turning left. A person in a bright green</td> </tr> <tr> <td>20</td> <td>shirt is now the driver, with a passenger (gender unknown).</td> </tr> <tr> <td>21</td> </tr> <tr> <td>22</td> <td>65.</td> <td>At 5：39：58pm the vehicle goes through the stoplight at ‘Flow’ and</td> </tr> <tr> <td>23</td> <td>travels towards Cricket Square. At 5：42：29pm the vehicle travels</td> </tr> <tr> <td>24</td> <td>through the stoplight at ‘Flow’ from the direction of Cricket Square.</td> </tr> <tr> <td>25</td> <td>A person in a bright green shirt is the driver. There is one passenger</td> </tr> <tr> <td>26</td> <td>(gender unknown).</td> </tr> <tr> <td>27</td> </tr> <tr> <td>28</td> <td>66.</td> <td>At 5：42：34pm the vehicle is seen turning on to Martin Drive, off</td> </tr> <tr> <td>29</td> <td>Shedden Toad. The vehicle travels past ‘Funky Tang’ without</td> </tr> <tr> <td>30</td> <td>stopping. A male dressed in a bright green shirt is</td> </tr> <tr> <td>31</td> <td>passengers. At 7：10：13pm a male dressed in a bright green shirt is</td> </tr> <tr> <td>32</td> <td>in a bright green shirt to Myles Street and turns Lane is the driver</td> </tr> <tr> <td>33</td> <td>without</td> </tr> </table> Verdict Judgment: The Queen v. Derby (Dean Ryan): Ind. 15 of 2020. Coram: Richards J, Q.C. Date: 26.08.2020 Page 23 of 54 ```
```html <table> <tr> <td>1</td> <td>seen running from the direction of Myles lane, this male goes into</td> </tr> <tr> <td>2</td> <td>the pathway next to 'Rohelio's Car Wash'</td> </tr> <tr> <td>3</td> </tr> <tr> <td>4</td> <td>TELEPHONE EVIDENCE</td> </tr> <tr> <td>5</td> </tr> <tr> <td>6</td> <td>The agreed evidence (by Admission 68) is that Dinah Clarke the operator of '3D Rent A</td> </tr> <tr> <td>7</td> <td>Car' made an outgoing call from telephone number +13453242492 to telephone</td> </tr> <tr> <td>8</td> <td>number +13453232904， the telephone number of the Defendant on the 13th February</td> </tr> <tr> <td>9</td> <td>2020 at 11：20am. The duration of the telephone call was 1 minute and 50 seconds. No</td> </tr> <tr> <td>10</td> <td>other calls were made from +13453242492 to telephone number +13453232904 on</td> </tr> <tr> <td>11</td> <td>that day.</td> </tr> <tr> <td>12</td> </tr> <tr> <td>13</td> <td>The call data and Sim card data for the Defendant's phone (exhibit SU/1) was obtained</td> </tr> <tr> <td>14</td> <td>as well as his top up history (exhibit SU/2) and downloads exhibits AB1， AB1A， AB1B</td> </tr> <tr> <td>15</td> <td>were extracted from his phone.</td> </tr> <tr> <td>16</td> </tr> <tr> <td>17</td> <td>On 10 June 2020 Intelligence Analyst Joanne Delaney reviewed the sim cards， the</td> </tr> <tr> <td>18</td> <td>downloads and the top up history and produced items which were received in evidence</td> </tr> <tr> <td>19</td> <td>as Exhibits as follows：</td> </tr> <tr> <td>20</td> </tr> <tr> <td>21</td> <td>-Exhibit 12-JD/1A/1-identified communications of telephone number +1345</td> </tr> <tr> <td>22</td> <td>3232904.</td> </tr> <tr> <td>23</td> <td>GRAND COURT</td> </tr> <tr> <td>24</td> <td>MAN</td> </tr> <tr> <td>25</td> <td>TS GOVERNMENT</td> </tr> <tr> <td>26</td> </tr> </table> Verdict Judgment：The Queen v. Derby (Dean Ryan)：Ind. 15 of 2020. Coram：Richards J，Q.C. Date：26.08.2020 Page 24 of 54 ```
```html <table> <tr> <td>71.</td> <td>Of significance is that between 8：01 pm and 8：17 pm on the 13th February 2020 the</td> </tr> <tr> <td>2</td> <td>Defendant's phone using the name "sean yush" sent a series of a message to the phone</td> </tr> <tr> <td>3</td> <td>of a female who he said in his evidence is a former girlfriend. These included the</td> </tr> <tr> <td>4</td> <td>following：</td> </tr> <tr> <td>6</td> <td>8：01：59</td> <td>sean yush</td> <td>-</td> <td>“They already fine it</td> </tr> <tr> <td>7</td> <td>8：02：16</td> <td>Female SW</td> <td>-</td> <td>OK</td> </tr> <tr> <td>8</td> <td>8：02：18</td> <td>sean yush</td> <td>-</td> <td>They nah search the car</td> </tr> <tr> <td>9</td> <td>8：02：40</td> <td>Female SW</td> <td>-</td> <td>Oh</td> </tr> <tr> <td>10</td> <td>8：02：44</td> <td>sean yush</td> <td>-</td> <td>Police looking for me</td> </tr> <tr> <td>11</td> <td>8：02：52</td> <td>Female SW</td> <td>-</td> <td>Wow</td> </tr> <tr> <td>12</td> <td>8：03：13</td> <td>sean yush</td> <td>-</td> <td>Try link him on get to me</td> </tr> <tr> <td>13</td> <td>8：03：13</td> <td>Female SW</td> <td>-</td> <td>Tell him what</td> </tr> <tr> <td>14</td> <td>8：03：37</td> <td>sean yush</td> <td>-</td> <td>Oh long know he was trying to get to me</td> </tr> <tr> <td>15</td> <td>8：03：45</td> <td>sean yushy</td> <td>-</td> <td>I gone fatty for years”</td> </tr> <tr> <td>17</td> <td>72.</td> <td>At 8：04：28，the female asks what the Defendant has got himself into and then there</td> </tr> <tr> <td>18</td> <td>audio files which are not available.</td> </tr> <tr> <td>20</td> <td>INTERVIEW OF THE DEFENDANT</td> </tr> <tr> <td>73.</td> <td>For voluntary surolice the Def</td> </tr> <tr> <td>22</td> <td>efendant was</td> </tr> <tr> <td>23</td> <td>lowing his vrender to the interview and transcripts were tendered in evidence. In the course of that interview the</td> </tr> </table> Verdict Judgment: The Queen v. Derby (Dean Ryan)：Ind. 15 of 2020. Coram：Richards J，Q.C. Date：26.08.2020 Page 25 of 54 ```
```markdown Defendant stated that he was on his lunch time at 12 noon on the 13th February 2020. He took the car to his girlfriend and she dropped him back at work. He said that he did not know where she went or her whereabouts between 12 noon and 5pm when she picked him up back at work. He dropped her off. He continued: ``` "then I went in the car driving the car and the lady I owe some payment on the car, for the Lady who owns the car, she called me, she calling me so I pulled the glove compartment, I pull the gloves compartment ……………… I frightened when I look I see a pistol I started to panic." ``` He said that he thought it was a toy and he realised it was not because he felt the weight of it when he picked it up. His fingerprint is on it because he picked it up and held it. He said that he thought that it was not a toy, it was a real gun, so he locked it back, put it back in the glove compartment and closed it. Then he drove down to Myles Lane where the police then came and conducted the search. He said he walked off panicking because he knew that the gun was in the car. He said he always goes down to Myles Lane because he used to wash cars in that area before he got another job. He said that he frequently lends the car to Claudia who is the best friend of his girlfriend Melissa. His reason for being at Myles Lane is that he normally hangs out by Zodiac Bar after he leaves work. He just drove through and stopped to talk to his friend Matteo whom he has known for about a year. He had last seen him the day before the 13th. He said that the lady was calling him for payment so he pulled the glove compartment to getnd that was e pistol. He said that he had seen the pistol. He said that he had a check for un the receipt when he saw he was driv thing 25 the rag him and he rtment to re the law him and he was callim pulled t glove conch eceipt. ```
```html <table> <tr> <td>1</td> <td>77.</td> <td>In response to the question when was the last time he went into the glove compartment, he said “I didn’t pull it in the morning, I went to work and nothing like that.”</td> </tr> <tr> <td>2</td> <td>78.</td> <td>He was asked, so if you didn’t put the firearm there how would it reach there. He replied: “That’s what I say I lend out the car so I don’t know. I lend her the car so I don’t know I just got back the car.”</td> </tr> <tr> <td>3</td> <td>79.</td> <td>He said that he did not call Claudia because as he pulled up on Myles Lane and was sitting down there, the Police came.</td> </tr> <tr> <td>4</td> <td>80.</td> <td>He said again that he was driving when he got the phone call and he saw this because she texted him back and said that he needed to make payment. He got the phone call after Claudia came out of the car. He did not go to the Police station and hand over the firearm because he panicked. He didn’t know what to do and felt he would have been locked up in any event. He did not call Claudia because he didn’t have any credit on his phone.</td> </tr> <tr> <td>5</td> <td>81.</td> <td>He said that he did not get any time to do anything because “as he dare” his friend stopped him as he was driving past. He did not have time to drive back to Claudia. He was there talking to his friend for about 5 minutes and the Police drove up.</td> </tr> <tr> <td>6</td> <td>82.</td> <td>He was asked:</td> </tr> <tr> <td>7</td> <td>83.</td> <td>He iterim he ma was at’s</td> </tr> <tr> <td>8</td> <td>28</td> <td>Q: So what did you intend to do with the firearm having found it</td> <td>He trying to</td> <td>y have to</td> </tr> <tr> <td>9</td> <td>29</td> <td>Well to be how I was gon</td> <td>in the ir</td> <td>y have to</td> </tr> <tr> <td>10</td> <td>25</td> <td>n you undersna try figure</td> <td>brj what I wdo.</td> <td>y have a</td> </tr> <tr> <td>11</td> <td>26</td> <td>A: Nest with yot out where is</td> <td>He did not respe</td> </tr> <tr> <td>12</td> <td>27</td> <td>frontand. Thu nt come</td> <td>ing it in. eall</td> </tr> </table> Verdict Judgment: The Queen v. Derby (Dean Ryan): Ind. 15 of 2020. Coram: Richards J, Q.C. Date: 26.08.2020 Page 27 of 54 ```
```html <table> <tr> <td>1</td> <td>out what was going on because he did not know who was driving the car. He was not</td> </tr> <tr> <td>2</td> <td>planning to keep it. He did not say anything to his friend about it because he had no time</td> </tr> <tr> <td>3</td> <td>to do that before the arrival of the Police.</td> </tr> <tr> <td>4</td> <td>584. He said Niko McField had last driven the car about two weeks before the 14th February</td> </tr> <tr> <td>6</td> <td>and had been off the Island during that week and returned on 13th February 2020.</td> </tr> <tr> <td>7</td> <td>85. His interview consists of a mixed statement. He admits that the firearm was in his rented</td> </tr> <tr> <td>8</td> <td>car but says that it was planted. I have to determine what weight should be given to this</td> </tr> <tr> <td>9</td> <td>statement. I am to consider the whole of what he said, the incriminating part and the</td> </tr> <tr> <td>10</td> <td>denials or excuses in deciding where the truth lies.</td> </tr> <tr> <td>11</td> <td>12</td> </tr> <tr> <td>13</td> <td>THE EVIDENCE - THE DEFENDANT'S CASE</td> </tr> <tr> <td>14</td> <td>1586. In the course of the evidence of the Police on the Prosecution's case, there is mention of</td> </tr> <tr> <td>16</td> <td>a smell of ganja in the rented car. That is not a matter which I take into consideration in</td> </tr> <tr> <td>17</td> <td>arriving at a verdict. It is entirely irrelevant to the issues at hand and in no way affects</td> </tr> <tr> <td>18</td> <td>my judgment in this matter.</td> </tr> <tr> <td>19</td> <td>2087. The Defendant gave evidence on oath. He is a man of good character, with no previous</td> </tr> <tr> <td>21</td> <td>convictions. I bear in mind that while good character is not a defence to the charges it</td> </tr> <tr> <td>22</td> <td>is relevant to my consideration of the case in two ways. His good character is a positive</td> </tr> <tr> <td>23</td> <td>feature into account is a positive</td> </tr> <tr> <td>24</td> <td>25</td> </tr> <tr> <td>Verdict Judgment: The Queen v. Derby (Dean Ryan): Ind. 15 of 2020. Coram: Richards J, Q.C. Date:</td> <td>less likely that he has acted as is now alleged against him.</td> </tr> <tr> <td>26.08.2020</td> <td>Page 28 of 54</td> </tr> </table> ```
```html <table> <tr> <td>1</td> <td>88.</td> <td>It has been submitted on behalf of the Defendant that for the first time in his life he has</td> </tr> <tr> <td>2</td> <td>been accused of a crime. He is 26 years old and has never been in trouble with the police</td> </tr> <tr> <td>3</td> <td>before. He says that this is not something he would do. Counsel submitted that he is not</td> </tr> <tr> <td>4</td> <td>the sort of person who would be likely to cast his good character aside in this way. That</td> </tr> <tr> <td>5</td> <td>is a matter to which I do pay particular attention. I am also mindful that the weight</td> </tr> <tr> <td>6</td> <td>which should be given to his good character and the extent to which it assists on the facts</td> </tr> <tr> <td>7</td> <td>of this particular case are for me to decide. In making that assessment I take into account</td> </tr> <tr> <td>8</td> <td>everything I have heard about the Defendant.</td> </tr> <tr> <td>9</td> </tr> <tr> <td>10</td> <td>EVIDENCE OF THE DEFENDANT</td> </tr> <tr> <td>11</td> </tr> <tr> <td>12</td> <td>89.</td> <td>The Defendant testified that between December 2019 and February 2020 he had been</td> </tr> <tr> <td>13</td> <td>driving the vehicle 173015 for most of the time. There were times when Niko McField</td> </tr> <tr> <td>14</td> <td>who had rented the vehicle for him would drive it and on occasion he would lend the</td> </tr> <tr> <td>15</td> <td>vehicle to Claudia Carballo so that his girlfriend would have access to it.</td> </tr> <tr> <td>16</td> </tr> <tr> <td>17</td> <td>90.</td> <td>He said that he handed over the car to Claudia at about 12 noon on the 13th February and</td> </tr> <tr> <td>18</td> <td>she dropped him off at work. He did not look in the glove compartment of the car that</td> </tr> <tr> <td>19</td> <td>day. The last time he had looked in the glove compartment was on either the Sunday or</td> </tr> <tr> <td>20</td> <td>Monday some three days before. He normally kept JN receipts and stuff inside there and</td> </tr> <tr> <td>21</td> <td>receipts for the car.</td> </tr> <tr> <td>22</td> <td>91.</td> <td>ThClaudia was</td> </tr> <tr> <td>23</td> <td>at afternoon late in pic</td> </tr> <tr> <td>24</td> <td>en he finishes om. Once le work. Abo</td> </tr> <tr> <td>25</td> <td>ped her a</td> </tr> <tr> <td>whd work at 5fro</td> </tr> <tr> <td>left Camarroput 5：30pm</td> </tr> <tr> <td>skir</td> </tr> <tr> <td>he came， ha E came at a</td> </tr> <tr> <td>Verdict Judgment：The Queen v. Derby (Dean Ryan)：Ind. 15 of 2020. Coram：Richards J，Q.C. Date：</td> <td>26.08.2020</td> </tr> <tr> <td>Page 29 of 54</td> </tr> </table>

¶ [1] returned to the car before dropping her off at another location. The car windows were down and there were packages inside the car. Once he dropped her off, he was alone in the car and drove down Martin drive. He said:

¶ [2] "I was driving down on Martin Drive and I was checking the car because I am a person keep the car clean -to see if everything was okay with the car so I pull the glove compartment while down on Martin Drive."

¶ [3] 92. He then described seeing the gun, picking it up realising it was real and not a toy because of the weight of it, and becoming, confused, frightened and panicked. He said that he did not know what to do or where to turn. He stopped to talk to Matteo for about 5-10 minutes and then he saw the Police drive up.

¶ [4] 93. He said that he is right-handed. He did not go to the Police because he did not know whose gun it was and did not know how it got there. He thought that perhaps the police would lock him up because they were going to say that he had a gun in his car, maybe they would not believe him. He repeated that he did not go to the Police because he did not know what to do. He did not know where to turn or where to go he was in shock. He stopped by his friend Matteo. He went to see him, because he called him at work to drop off some money for him to his child in Savannah and he said maybe he must just swing by.

¶ [5] 94. He explained that he was very close to Myles Lane when he found the gun in the car. He was in the same community, about 1 minute to 3 minutes away from the house of his friend. Verdict Judgment: The Queen v. Derby (Dean Ryan): Ind. 15 of 2020. Coram: Richards J, Q.C. Date: 26.08.2020 Page 30 of 54
```html <table> <tr> <td>1</td> <td>95.</td> <td>He got out of the car, left the keys in the ignition and the engine off. The radio was on.</td> </tr> <tr> <td>2</td> <td>It was turned down; it was not up or loud.</td> </tr> <tr> <td>3</td> <td>4</td> <td>96.</td> <td>He said that he did not lock the car because he was not going to lock the gun up inside there. It did not belong to him. He called his friend and as he came out and spoke to him, the Police were at the scene. He got nervous and scared and believed that someone was trying to set him up.</td> </tr> <tr> <td>5</td> </tr> <tr> <td>6</td> </tr> <tr> <td>7</td> </tr> <tr> <td>8</td> <td>9</td> <td>97.</td> <td>He told the Officers that he had walked to the area because he was scared and the gun was inside the car. He did not know what to do.</td> </tr> <tr> <td>10</td> </tr> <tr> <td>11</td> <td>12</td> <td>98.</td> <td>After he was searched, he asked if he could leave and he was told he had to wait until the search was completed. Once this was done, he walked off to the Zodiac Bar leaving the car, because he was scared and did not know what to do.</td> </tr> <tr> <td>13</td> </tr> <tr> <td>14</td> </tr> <tr> <td>15</td> </tr> <tr> <td>16</td> <td>99.</td> <td>His mother contacted him and spoke to him and he turned himself in to the Police. He said that he did not know who the gun belongs to and that he is not that type of person. He does not know how to unload a gun.</td> </tr> <tr> <td>17</td> </tr> <tr> <td>18</td> </tr> <tr> <td>19</td> <td>20</td> <td>100.</td> <td>He said that he and his ex-girlfriend and Melissa had been arguing and having issues at the time.</td> </tr> <tr> <td>21</td> </tr> <tr> <td>22</td> <td>23</td> <td>101.</td> <td>He was asked about the telephone messages detailed above as shown on Exhibit 12. He stated not recall oh his phone did not recall these messages on his phone. He said that the word ‘‘liyka’’ was used. Counsel did not explain. las asked poi</td> </tr> <tr> <td>24</td> <td>25</td> <td>26</td> <td>27</td> <td>23</td> <td>24</td> <td>25</td> <td>26</td> <td>27</td> <td>23</td> <td>24</td> <td>25</td> <td>26</td> <td>27</td> <td>23</td> <td>24</td> <td>25</td> <td>26</td> <td>27</td> <td>23</td> <td>24</td> <td>25</td> <td>26</td> <td>27</td> <td>23</td> <td>24</td> <td>25</td> <td>26</td> <td>27</td> <td>23</td> <td>24</td> <td>25</td> <td>26</td> <td>27</td> <td>23</td> <td>24</td> <td>25</td> <td>26</td> <td>27</td> <td>23</td> <td>24</td> <td>25</td> <td>26</td> <td>27</td> <td>23</td> <td>24</td> <td>25</td> <td>26</td> <td>27</td> <td>23</td> <td>24</td> <td>25</td> <td>26</td> <td>27</td> <td>23</td> <td>24</td> <td>25</td> <td>26</td> <td>27</td> <td>23</td> <td>24</td> <td>25</td> <td>26</td> <td>27</td> <td>23</td> <td>24</td> <td>25</td> <td>26</td> <td>27</td> <td>23</td> <td>24</td> <td>25</td> <td>26</td> <td>27</td> <td>23</td> <td>24</td> <td>25</td> <td>26</td> 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```html <table> <tr> <td>102.</td> <td>In cross-examination he accepted that he had told the police lies. He had not told the Police the truth when he said that he did not have a contact number for Claudia.</td> </tr> <tr> <td>103.</td> <td>He accepted that he had told the Police that he had been driving when he received the phone call from Ms. Clarke of the Rent-a-car Company. He also accepted that he had only received one call from her that day at 11：20 am. He accepted that he had lied when he said that she called him after 5pm. He did not go directly to the George Town Police station which was only minutes away because if he had he would be in the same position as he is now. He accepted further that whilst he was waiting during the search he could have told the Police about the gun. He did not tell any one of the Officers. He described himself as a hardworking construction worker who does not trouble anyone and no one troubles him.</td> </tr> <tr> <td>104.</td> <td>He was asked:</td> </tr> <tr> <td>Q.</td> <td>Do you mean when you say that you were going to try and find... or figure out where it come from, do you mean that you were going to try and find the person that you got the gun from?</td> </tr> <tr> <td>A.</td> <td>I didn't get no gun from anyone. I didn't put the gun there.</td> </tr> <tr> <td>Q.</td> <td>What is the name of the person who gave you the gun?</td> </tr> <tr> <td>A.</td> <td>I said I didn't put any gun there and no one didn't give me any gun.</td> </tr> <tr> <td>Q.</td> <td>When did you first get the gun?</td> </tr> <tr> <td>A.</td> <td>I said I didn't put any gun there. I didn't got any gun from no one, all right.</td> </tr> <tr> <td>105.</td> <td>In response to questions in re-examination he said that there are people who do not like him. His friends m to be with her. Claudia. He said Melissa does not want to be with him. Neither does his sister. Claudia believes</td> </tr> </table> ```
```html <table> <tr> <td>1</td> <td>that he has enemies on the road because people would say that he behaves better than</td> </tr> <tr> <td>2</td> <td>them and because he has had a rented car for 3 months up and down.</td> </tr> <tr> <td>3</td> <td>106.</td> <td>He received the call from his friend about 3pm that day. He wanted a ride to drop off</td> </tr> <tr> <td>5</td> <td>money to his daughter in Savannah. He did not tell anyone that he was going there.</td> </tr> <tr> <td>6</td> <td>107.</td> <td>When asked again in further re-examination about the phone messages, after a lengthy</td> </tr> <tr> <td>8</td> <td>pause he answered by saying that he was referring to the gun in the message but the</td> </tr> <tr> <td>9</td> <td>message relating to linking means try to get somebody to get back to him had nothing to</td> </tr> <tr> <td>10</td> <td>do with the gun. He again said that he had not been threatened by anyone. He said that</td> </tr> <tr> <td>11</td> <td>he was trying to find out who had access to the car and stuff like that but he did not get</td> </tr> <tr> <td>12</td> <td>any time to do that.</td> </tr> <tr> <td>13</td> <td>108.</td> <td>He said that the car was a mess. At the same time that the lady called him for the money</td> </tr> <tr> <td>15</td> <td>so he was checking on back receipts and that was when he pulled open the glove</td> </tr> <tr> <td>16</td> <td>compartment.</td> </tr> <tr> <td>17</td> </tr> <tr> <td>18</td> <td>SUMMARY SUBMISSIONS</td> </tr> <tr> <td>19</td> <td>109.</td> <td>The Prosecution submitted that:</td> </tr> <tr> <td>20</td> </tr> <tr> <td>21</td> <td>i. The Defendant's account can be easily rejected but even if accepted the</td> </tr> <tr> <td>22</td> <td>Defendant would still be guilty of the offence charged.</td> </tr> <tr> <td>23</td> </tr> <tr> <td>24</td> <td>11.</td> <td>The someone earn in the</td> </tr> <tr> <td>25</td> <td>cor wholly ir</td> </tr> <tr> <td>26</td> <td>else glove</td> </tr> <tr> <td>27</td> <td>28</td> <td>The post-offence or after-the-fact conduct of the Defendant is further proof</td> </tr> <tr> <td>of his guilt.</td> </tr> </table> Verdict Judgment: The Queen v. Derby (Dean Ryan): Ind. 15 of 2020. Coram: Richards J, Q.C. Date: 26.08.2020 Page 33 of 54 ```
```markdown iv. The Defendant's account is unbelievable and should be rejected.

¶ [110] Defence Counsel submitted that this case is peculiar, unlike many cases involving guns in the Cayman Islands. He highlighted a number of matters including the following: i. The Defendant gave an account in interview that he has maintained during trial. ii. While it is accepted that he has told lies this does not mean everything is a lie. People lie for different reasons. iii. About 3 minutes, that is the length of time the Defendant knew he had a gun. He did not have it for weeks or months. iv. The Defendant is right-handed – so is Ms. Carballo. Exhibit 2 shows that the gun was placed in the glove compartment with the butt to the left. This suggests that it was placed therein by someone who is left-handed. v. The panicked reaction of the Defendant is a normal reaction. He was shocked and traumatised by the find. vi. The absence of fingerprints and DNA material on the gun and bullets. vii. The cagally belong Verdict Judgment: The Queen v. Derby (Dean Ryan): Ind. 15 of 2020. Coram: Richards J, Q.C. Date: 26.08.2020 Page 34 of 54 ```
```html <table> <tr> <td>1</td> <td>viii. The Defendant has possible enemies in two camps-individuals, who were</td> </tr> <tr> <td>2</td> <td>jealous of him because he is hardworking and those who did not like his</td> </tr> <tr> <td>3</td> <td>relationship which he had with his then girlfriend.</td> </tr> <tr> <td>4</td> </tr> <tr> <td>5</td> <td>LEGAL PRINCIPLES</td> </tr> <tr> <td>6</td> <td>111. The Prosecution in closing submissions argued that possession of firearms is a strict</td> </tr> <tr> <td>7</td> <td>liability offence. This submission is reflective of the position in a number of UK</td> </tr> <tr> <td>8</td> <td>authorities and of decisions of the Grand Court in this jurisdiction which are of</td> </tr> <tr> <td>9</td> <td>persuasive authority. No cases were cited during the hearing. The Court has drawn the</td> </tr> <tr> <td>10</td> <td>attention of Counsel to the cases of Hall v. Cotton and Another4；Warner v.</td> </tr> <tr> <td>11</td> <td>Metropolitan Police Commissioner5；R v. Hussain6；R v. Bradish7；R v. Steele8；R v.</td> </tr> <tr> <td>12</td> <td>Waller9；R v. Deyemi10；D. Ebanks v. R11；R v. GA General12；R v. Taylor13 and Jenkins</td> </tr> <tr> <td>13</td> <td>v. DPP14.</td> </tr> <tr> <td>14</td> </tr> <tr> <td>15</td> <td>112. Counsel were given the opportunity to make submissions on these cases on the 21st</td> </tr> <tr> <td>16</td> <td>August 2020. In the course of that hearing, Defence Counsel cited the additional case of</td> </tr> <tr> <td>17</td> <td>R v. Orrett, Borden, Montaque and Ebanks15. I have considered all the submissions</td> </tr> <tr> <td>18</td> <td>made.</td> </tr> </table> <sup>4</sup>[1986] 3 W.L.R. 681 <sup>5</sup>[1969] 2 A.C. 256 <sup>6</sup>[1981] 72 Cr.App.R. 143 <sup>7</sup>[1990] 90 Cr.App.R. 271 <sup>3</sup>Crim L.R. 38 <sup>1</sup>Crim L.R. 38: <sup>07</sup>EWCA Crim <sup>8</sup>[1991 <sup>9</sup>[199 <sup>10</sup>[202060 <sup>14</sup>[2020] EWHC 1307 <sup>15</sup>2010(1) CILR Note 7 <sup>12</sup>[201646 <sup>13</sup>[201646 <sup>80-83</sup>CILR 348 <sup>02</sup>CILR 276 <sup>11</sup>EWCA Cri. <sup>11</sup>EWCA Cri. <sup>12</sup>[20 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 <sup>20</sup>020 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The factual issue for the determination of the Court in this case is a narrow one. It is whether the Defendant was in possession of the firearm and ammunition found in his rented car. The defendant says that this is not his gun or ammunition. It is a question of fact whether or not a person is in possession of a firearm or ammunition. Possession is not the same thing as ownership. Possession refers to a firearm (or ammunition) being physically in the custody or under the control of a person whether or not that person is the owner. Hirst J. in Hall v. Cotton in describing a similar provision under UK Law, s. 2 of the Firearms Act 1968 stated: "The purpose of section 2 is to regulate all persons who have shotguns in their possession, whether it be in their physical custody or their control, or who purchase or acquire shotguns, so as to ensure that such possession, purchase, or acquisition is unlawful without a certificate, which is of course only issued after extensive inquiries by the police as to the suitability of the applicant." The Court in Cotton v. Hall concluded that one does not have to be present with a firearm in order to have possession of it. There could be proprietary as well as custodial possession. In Warner v. Metropolitan Police Commissioner, Lord Pearce in discussing physical possession or control in the context of the Misuse of Drugs Act stated: "By physical possession or control I include things in his pocket, in his car, in his room and so forth. That seems to me to accord with the general popular wide meaning of the word 'possession' and to be in accordance with the intention of the Act." In R v. Hussain the appellant appealed his conviction for possession of a firearm. His case had thought to be that he had been son to fire ca ii used by his works. The tri establisas 1. It had was that he that a met idence at he was a toy lethal barreled weapon. It was argued on his behalf that it was necessary for the Verdict Judgment: The Queen v. Derby (Dean Ryan): Ind. 15 of 2020. Coram: Richards J, Q.C. Date: 26.08.2020 Page 36 of 54
```html <table> <tr> <td>1</td> <td>prosecution to prove that he had knowledge of the nature of the article in order to</td> </tr> <tr> <td>2</td> <td>establish the mens rea of the offence. The English Court of Appeal referred with</td> </tr> <tr> <td>3</td> <td>approval to the case of Warner and held that the trial judge had correctly directed the</td> </tr> <tr> <td>4</td> <td>jury that the appellant would be guilty of the offence even though he might not know</td> </tr> <tr> <td>5</td> <td>that what he had was a firearm.</td> </tr> <tr> <td>6</td> <td>7</td> <td>In Rv. Bradish the appellant was charged under the Firearms Act 1968，s.5(1) with</td> </tr> <tr> <td>8</td> <td>possession of a prohibited weapon without the authority of the Secretary of State. The</td> </tr> <tr> <td>9</td> <td>weapon was a canister of CS Gas. At a Newton hearing the appellant contended that he</td> </tr> <tr> <td>10</td> <td>had not known that it contained CS Gas.</td> </tr> <tr> <td>11</td> <td>118.</td> <td>The English Court of Appeal reviewed a number of authorities including Rv. Hussain</td> </tr> <tr> <td>13</td> <td>and stated its agreement with the position that offences created by s.5 of the Firearms</td> </tr> <tr> <td>14</td> <td>Act were offences of strict liability. The Court stated：</td> </tr> <tr> <td>15</td> <td>First， the words of the section themselves，"A person commits an offence if</td> </tr> <tr> <td>16</td> <td>without... authority... he has in his possession... any firearm，weapon or</td> </tr> <tr> <td>17</td> <td>ammunition of the type defined，makes plain that this is an offence of strict</td> </tr> <tr> <td>18</td> <td>liability.</td> </tr> <tr> <td>23</td> <td>24</td> <td>25</td> <td>26</td> <td>27</td> <td>28</td> <td>29</td> <td>30</td> <td>31</td> <td>32</td> <td>33</td> <td>Secondly， the comparable words and structure of section 1 of the 1968 Act</td> </tr> <tr> <td>34</td> <td>have been held by this Court in Howells (supra) and Hussain (supra) to</td> </tr> <tr> <td>35</td> <td>create an offence of strict liability.</td> </tr> <tr> <td>36</td> <td>Thirdly， the clear purpose of the firearms legislation is to impose a tight</td> </tr> <tr> <td>37</td> <td>control on the use of highly dangerous weapons. To achieve effective control</td> </tr> <tr> <td>38</td> <td>and to prevent the potentially disastrous consequences of their misuse， strict</td> </tr> <tr> <td>39</td> <td>liability is necessary， just as it is in the equally dangerous field of drugs. See</td> </tr> <tr> <td>40</td> <td>per Lord Guest in Warner， at page 421 and p. 301，(supra). Given that</td> </tr> <tr> <td>41</td> <td>section 1 has created an offence of strict liability， it is clear that the</td> </tr> <tr> <td>42</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>43</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>44</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>45</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>46</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>47</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>48</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>49</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>50</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>51</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>52</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>53</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>54</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>55</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>56</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>57</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>58</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>59</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>60</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>61</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>62</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>63</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>64</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>65</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>66</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>67</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>68</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>69</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>70</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>71</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>72</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>73</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>74</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>75</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>76</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>77</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>78</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>79</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>80</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>81</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>82</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>83</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>84</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>85</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>86</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>87</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>88</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>89</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>90</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>91</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>92</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>93</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>94</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>95</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>96</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>97</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>98</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>99</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>100</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>101</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>102</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>103</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>104</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>105</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>106</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>107</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>108</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>109</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>110</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>111</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>112</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>113</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>114</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>115</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>116</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>117</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>118</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>119</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>120</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>121</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>122</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>123</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>124</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>125</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>126</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>127</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>128</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>129</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>130</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>131</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>132</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>133</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>134</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>135</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>136</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>137</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>138</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>139</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>140</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>141</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>142</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>143</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>144</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>145</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>146</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>147</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>148</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>149</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>150</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>151</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>152</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>153</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>154</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>155</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>156</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>157</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>158</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>159</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>160</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>161</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>162</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>163</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>164</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>165</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>166</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>167</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>168</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>169</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>170</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>171</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>172</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>173</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>174</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>175</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>176</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>177</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>178</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>179</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>180</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>181</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>182</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>183</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>184</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>185</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>186</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>187</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>188</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>189</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>190</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>191</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>192</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>193</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>194</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>195</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>196</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>197</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>198</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>199</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>200</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>201</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>202</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>203</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>204</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>205</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>206</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>207</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>208</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>209</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>210</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>211</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>212</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>213</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>214</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>215</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>216</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>217</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>218</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>219</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>220</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>221</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>222</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>223</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>224</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>225</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>226</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>227</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>228</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>229</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>230</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>231</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>232</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>233</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>234</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>235</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>236</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>237</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>238</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>239</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td>240</td> <td>consideration affords a fortiori， this</td> </tr> <tr> <td
```html <table> <tr> <td>119.</td> <td>That Court referenced the “stricter line” adopted by the English Court of Appeal in cases such as R v. Hussian. In addition the Court noted the following matters; the absence of a specific reference in s.1 and s.5 of the Firearms Act as to an accused’s state of mind as ingredients of the offence where those specific references were present in other provisions; that the scheme of the Act was such as to specifically provide for a defence in relation to a particular state of mind where that was intended; the difference between the provisions in the Misuse of Drugs Act 1971 which had been under consideration in the case of Warner v. MPC and the provisions in the Firearms Act; and the need for effective control of the possession and use of firearms.</td> </tr> <tr> <td>120.</td> <td>The Court concluded that the approach in Warner v. MPC in relation to container cases did not apply to cases under s.1 and 5 of the Firearms Act such as to allow an accused to raise a defence that he did not know what was in a container. The Court concluded that the trial judge was correct that s.5 created an offence of strict liability.</td> </tr> <tr> <td>121.</td> <td>In the case of R v. Steele, the English Court of Appeal applied the principles in R v. Bradish and R v. Waller and refused the appellant’s application for leave to appeal. The appellant’s case at trial was that a few minutes before the arrival of the police, he had been given a holdall which proved to contain a sawn off double barrel shot gun. He had not become aware of its contents or been put upon notice. The trial judge had been asked to rule on the following question:</td> </tr> <tr> <td>Verdict Judgment: The Queen v. Derby (Dean Ryan): Ind. 15 of 2020. Coram: Richards J, Q.C. Date: 26.08.2020</td> </tr> </table> ```
```html <table> <tr> <td>1</td> <td>122.</td> <td>The Court held that the trial judge was correct in his ruling that the fact that the defendant had custody of the holdall for only a matter of a minute or did not know or could reasonably have been expected to know that it contained a firearm would afford no defence. The Court stated its recognition of the draconian nature of the legislation but considered the mischief aimed at was obvious and serious.</td> </tr> <tr> <td>2</td> <td>123.</td> <td>In the case of R v. Deyemi and Edwards the Court considered and rejected the appellant's argument that a provision imposing an offence of strict liability was of itself capable of infringing the provisions of Articles 6 and 7 of the European Convention on Human Rights.</td> </tr> <tr> <td>124.</td> <td>In this jurisdiction in the case of D. Ebanks v. R the issue before the Grand Court on appeal from a decision of the Magistrate's Court was whether the Prosecution had established that the Defendant was in actual or constructive possession of a firearm. This in circumstances where he had been seen by the Police to throw away an object which when retrieved was found to be a firearm. The Court held that the Crown had presented enough clear and cogent evidence to prove that the appellant had been knowingly and willingly in control of the object which he had thrown away. Proof that he had actual knowledge that the object in his possession had been a revolver was not required.</td> </tr> <tr> <td>21</td> <td>125.</td> <td>In R v. G. A. General, the Accused was charged with possession of a stolen handgun and ammunition. He alighted from a car which was being chased by the Police, threw a gun and tried to the ground to run away. His accusation was that he had sought a lift from an acquaintance in order to obtain a reward. He said that he had sought a lift from an acquaintance</td> </tr> </table> ``` ```latex \section{122.} The Court held that the trial judge was correct in his ruling that the fact that the defendant had custody of the holdall for only a matter of a minute or did not know or could reasonably have been expected to know that it contained a firearm would afford no defence. The Court stated its recognition of the draconian nature of the legislation but considered the mischief aimed at was obvious and serious. \section{123.} In the case of R v. Deyemi and Edwards the Court considered and rejected the appellant's argument that a provision imposing an offence of strict liability was of itself capable of infringing the provisions of Articles 6 and 7 of the European Convention on Human Rights. \section{124.} In this jurisdiction in the case of D. Ebanks v. R the issue before the Grand Court on appeal from a decision of the Magistrate's Court was whether the Prosecution had established that the Defendant was in actual or constructive possession of a firearm. This in circumstances where he had been seen by the Police to throw away an object which when retrieved was found to be a firearm. The Court held that the Crown had presented enough clear and cogent evidence to prove that the appellant had been knowingly and willingly in control of the object which he had thrown away. Proof that he had actual knowledge that the object in his possession had been a revolver was not required. \section{21 125.} In R v. G. A. General, the Accused was charged with possession of a stolen handgun and ammunition. He alighted from a car which was being chased by the Police, threw a gun and tried to the ground to run away. His accusation was that he had sought a lift from an acquaintance in order to obtain a reward. He said that he had sought a lift from an acquaintance in order to obtain a reward. ```
```html <table> <tr> <td>1</td> <td>who had refused to stop at the station and that this was shortly before the car was chased</td> </tr> <tr> <td>2</td> <td>by the Police. The Court rejected his account and held that even if his account was true,</td> </tr> <tr> <td>3</td> <td>it would not constitute a defence to an offence of possession of a firearm without a</td> </tr> <tr> <td>4</td> <td>license contrary to section 15 (1) of the Firearms Law:</td> </tr> <tr> <td>5</td> <td>“Since the offence was one of strict liability and the accused did not fall</td> </tr> <tr> <td>6</td> <td>within any of the exceptions listed in s.15(2). Despite the presumption - in</td> </tr> <tr> <td>7</td> <td>the absence of a clear indication in the legislation as to the necessary mental</td> </tr> <tr> <td>8</td> <td>element of the offence - that mens rea was required, the case law</td> </tr> <tr> <td>9</td> <td>interpreting equivalent English legislation showed that possession of a</td> </tr> <tr> <td>10</td> <td>firearm was an absolute offence.”</td> </tr> <tr> <td>11</td> <td>126. I have also reviewed two cases dealing with the issue of temporary possession.</td> </tr> <tr> <td>13</td> <td>127. In the UK case of Regina v. Taylor, the Crown sought leave to appeal a preliminary</td> </tr> <tr> <td>14</td> <td>ruling in which the trial judge had ruled that Taylor on the basis of his account could not</td> </tr> <tr> <td>15</td> <td>have been in possession of a firearm. Taylor’s fingerprint had been found on the hand</td> </tr> <tr> <td>16</td> <td>grip of a gun which had been recovered from the flat of another man. Taylor’s account</td> </tr> <tr> <td>17</td> <td>was that he had gone to the flat and seen a bag which he had picked up. He had not</td> </tr> <tr> <td>18</td> <td>known that it contained a firearm. On opening the bag, he had picked up the firearm,</td> </tr> <tr> <td>19</td> <td>held it for “two milliseconds” and straight away replaced it in the bag. In that case the</td> </tr> <tr> <td>20</td> <td>Prosecution accepted that the holding was momentary and that Taylor had immediately</td> </tr> <tr> <td>21</td> <td>made clear that he wanted nothing to do with the firearm.</td> </tr> <tr> <td>22</td> <td>23</td> </tr> <tr> <td>24</td> <td>128. In the case of Taylor the Court of Appeal referred to the case of Warner v. MPC on the</td> </tr> <tr> <td>25</td> <td>question of possession. The Court stated:</td> </tr> <tr> <td>26</td> <td>27</td> </tr> <tr> <td>27</td> <td>“For a man takes over a package or suitcase as risk as to its</td> </tr> </table> Verdict Judgment: The Queen v. Derby (Dean Ryan): Ind. 15 of 2020. Coram: Richards J, Q.C. Date: 26.08.2020 Page 40 of 54 ```
```html <table> <tr> <td>1</td> <td>2</td> <td>3</td> <td>4</td> <td>5</td> <td>6</td> <td>7</td> <td>8</td> <td>9</td> </tr> <tr> <td>10</td> <td>11</td> <td>12</td> <td>13</td> <td>14</td> </tr> <tr> <td>15</td> <td>16</td> <td>17</td> <td>18</td> </tr> <tr> <td>19</td> <td>20</td> <td>21</td> <td>22</td> <td>23</td> </tr> <tr> <td>24</td> <td>25</td> <td>26</td> <td>27</td> <td>28</td> <td>29</td> </tr> <tr> <td>30</td> <td>31</td> </tr> </table> ``` ```latex \begin{enumerate} \item contents being unlawful if he does not immediately examine it (if he is entitled to do so). As soon as maybe he should examine it and if he finds the content suspicious reject possessing by either throwing them away or by taking immediate sensible steps for their disposal.” \item Lord Morris of Borth-y-Gest, who dissented on the knowledge issue, stated in relation to possession at page 289C: \item “In my view, in order to establish possession the prosecution must prove that an accused was knowingly in control of something in circumstances which showed that he was assenting to being in control of it: they need not prove that in fact he had actual knowledge of the nature of that which he had.” \item 129. The Court also referred to the cases of Waller16 and Steele17 before concluding that: \item “We accept that there is no need for the prosecution to prove a conscious decision to be the possessor. What is required are words or actions revealing such power or control over the article, as contemplated in Warner, even if only for a very short period, as could fairly amount to possession of it by the defendant.” \item 130. The Court noted that Taylor was a visitor to the flat and concluded that the learned trial Judge was correct to hold on the facts in that case that the momentary handling of the firearm followed by the immediate rejection of it did not constitute possession of the firearm within the meaning of s.5 (1) of the 1968 Firearms Act. \end{enumerate} ``` ```html <table> <tr> <td>16</td> <td>1991 Crim L. R. 381</td> </tr> <tr> <td>17</td> <td>1993 Crim L.R. 298</td> </tr> </table> ``` ```latex \begin{table}[h] \centering \begin{tabular}{|c|c|} \hline 16 & 1991 Crim L. R. 381 \\ \hline 17 & 1993 Crim L.R. 298 \\ \hline \end{tabular} \caption{References} \end{table} ``` ```latex \begin{flushleft} \textbf{Verdict Judgment:} The Queen v. Derby (Dean Ryan): Ind. 15 of 2020. Coram: Richards J, Q.C. Date: 26.08.2020 \end{flushleft} ``` ```latex \begin{flushright} Page 41 of 54 \end{flushright} ```
```html <table> <tr> <td>131.</td> <td>In the recent case of Stuart James Jenkins v DPP18, the High Court considered an appeal against a conviction made by a Magistrates Court. The appellant had been found guilty of possession of a weapon designed or adapted for the discharge of electrical current contrary to s.5 (1)(b) of the Firearms Act, a stun gun. A car driven by the appellant was stopped. He had a female passenger in the car. In the glove compartment a stun gun was found. The appellant gave oral evidence at trial that the gun had been placed in the compartment by his passenger. He had not known that it was in her possession until she produced it in the car shortly before the police stopped him. His response to her had been to tell her to get it away from him. She then placed it in the compartment. This was some 10 minutes before he was stopped by the police. His intention was to drive his passenger home where he expected her to remove the gun from the car.</td> </tr> <tr> <td>132.</td> <td>The Court referencing R v. Taylor stated that what the prosecution must prove is that an accused was knowingly in control of something in circumstances in which he was assenting to being in control of it. The Court held that the magistrates were correct to find possession on the basis that the stun gun was in the car to the appellant's knowledge, which car he chose to drive. He had allowed the stun gun to be placed in and remain in his car which he then drove for some 10 minutes, controlling its location. In analyzing the matter, the Court reviewed the options which the appellant could have exercised:</td> </tr> </table> ``` ```latex \begin{quotation} \begin{flushright} "He could have insisted Ms Price leave the car with the stun gun; he could have left the car in the event that she refused. Whilst Mr Jenkins may have expressed concern at the outset, any objection did not prevent him from did not enk \end{flushright} \end{quotation} ``` ```html <table> <tr> <td>24</td> <td>25</td> </tr> </table> ``` ```latex \footnote{18 2020 EWHC 1307 (Admin)} ``` ```html <table> <tr> <td>Verdict Judgment: The Queen v. Derby (Dean Ryan): Ind. 15 of 2020. Coram: Richards J, Q.C. Date: 26.08.2020</td> </tr> </table> ``` ```html <table> <tr> <td>Page 42 of 54</td> </tr> </table> ```
```html <table> <tr> <td>1</td> <td>133.</td> <td>I am mindful that each case must be considered on its own facts and that factual</td> </tr> <tr> <td>2</td> <td>circumstances should not be elevated to principles.</td> </tr> <tr> <td>3</td> </tr> <tr> <td>4</td> <td>DISCUSSION AND FINDINGS</td> </tr> <tr> <td>5</td> </tr> <tr> <td>6</td> <td>134.</td> <td>Both the Prosecuting and the Defence Counsel are correct in their arguments that there</td> </tr> <tr> <td>7</td> <td>is no reliable or credible evidence as to when the firearm and ammunition came to be in</td> </tr> <tr> <td>8</td> <td>the possession of the Defendant or how or from whom the firearm was acquired.</td> </tr> <tr> <td>9</td> </tr> <tr> <td>10</td> <td>135.</td> <td>The Prosecution’s case as put in cross-examination is that the Defendant received the</td> </tr> <tr> <td>11</td> <td>firearm from a person unknown and it was he (the Defendant) who placed the gun in the</td> </tr> <tr> <td>12</td> <td>glove compartment. It is for the Prosecution to prove to the required standard that the</td> </tr> <tr> <td>13</td> <td>gun was not planted in the car and that the Defendant was not being set up.</td> </tr> <tr> <td>14</td> </tr> <tr> <td>15</td> <td>136.</td> <td>I have to consider with care the evidence of all the women who had been in the car that</td> </tr> <tr> <td>16</td> <td>day. From the evidence of three of them, there was no occasion that Melissa, Danya or</td> </tr> <tr> <td>17</td> <td>Yesenia were alone in the car by themselves and without Ms. Carballo. Melissa Smith</td> </tr> <tr> <td>18</td> <td>Rizo travelled in the front passenger seat and is right-handed.</td> </tr> <tr> <td>19</td> </tr> <tr> <td>20</td> <td>137.</td> <td>From the cross-examination of her, Ms. Carballo would have had the best opportunity</td> </tr> <tr> <td>21</td> <td>to place the firearm in the car. She was alone in the car on multiple occasions.</td> </tr> <tr> <td>22</td> <td>24</td> <td>on driving an y. She way a the Pontent</td> </tr> <tr> <td>23</td> <td>24</td> <td>is usually need</td> </tr> <tr> <td>24</td> <td>Carballo ad that she</td> <td>she had</td> <td>bee car that day to</td> <td>sked whelie</td> <td>she had</td> </tr> <tr> <td>25</td> <td>24</td> <td>een driving the y. She way a</td> <td>pecificallthe</td> <td>about wha</td> <td>because</td> </tr> <tr> <td>26</td> <td>she knew of the gun being in the car. She gave the reason for the lie as being because</td> </tr> </table> Verdict Judgment: The Queen v. Derby (Dean Ryan): Ind. 15 of 2020. Coram: Richards J, Q.C. Date: 26.08.2020 Page 43 of 54 ```
```html <table> <tr> <td>1</td> <td>she had been driving without a license. Having assessed her as she gave her evidence, I</td> </tr> <tr> <td>2</td> <td>found her to be a credible witness. I accept that this was in fact the reason for her lying.</td> </tr> <tr> <td>3</td> <td>I do not find that this lie means that she cannot be believed as to other aspects of her</td> </tr> <tr> <td>4</td> <td>evidence namely as to her account of the events of that day and as to whether or not she</td> </tr> <tr> <td>5</td> <td>placed the firearm in the car.</td> </tr> <tr> <td>6</td> <td>7</td> <td>139.</td> <td>The account which she gives of her movements that day substantially accords with that</td> </tr> <tr> <td>8</td> <td>given by other civilian witnesses. The sequence of events is also borne out in large</td> </tr> <tr> <td>9</td> <td>measure by the CCTV footage of the car travelling around George Town at the various</td> </tr> <tr> <td>10</td> <td>11</td> <td>12</td> <td>13</td> <td>GRAND COURT</td> <td>ISLANDS GOVERNMENT</td> </tr> <tr> <td>14</td> <td>15</td> <td>16</td> <td>17</td> <td>18</td> <td>19</td> <td>20</td> <td>21</td> <td>22</td> <td>140.</td> <td>141.</td> <td>142.</td> <td>143.</td> <td>144.</td> <td>145.</td> <td>146.</td> <td>147.</td> <td>148.</td> <td>149.</td> <td>150.</td> <td>151.</td> <td>152.</td> <td>153.</td> <td>154.</td> <td>155.</td> <td>156.</td> <td>157.</td> <td>158.</td> <td>159.</td> <td>160.</td> <td>161.</td> <td>162.</td> <td>163.</td> <td>164.</td> <td>165.</td> <td>166.</td> <td>167.</td> <td>168.</td> <td>169.</td> <td>170.</td> <td>171.</td> <td>172.</td> <td>173.</td> <td>174.</td> <td>175.</td> <td>176.</td> <td>177.</td> <td>178.</td> <td>179.</td> <td>180.</td> <td>181.</td> <td>182.</td> <td>183.</td> <td>184.</td> <td>185.</td> <td>186.</td> <td>187.</td> <td>188.</td> <td>189.</td> <td>190.</td> <td>191.</td> <td>192.</td> <td>193.</td> <td>194.</td> <td>195.</td> <td>196.</td> <td>197.</td> <td>198.</td> <td>199.</td> <td>200.</td> <td>201.</td> <td>202.</td> <td>203.</td> <td>204.</td> <td>205.</td> <td>206.</td> <td>207.</td> <td>208.</td> <td>209.</td> <td>210.</td> <td>211.</td> <td>212.</td> <td>213.</td> <td>214.</td> <td>215.</td> <td>216.</td> <td>217.</td> <td>218.</td> <td>219.</td> <td>220.</td> <td>221.</td> <td>222.</td> <td>223.</td> <td>224.</td> <td>225.</td> <td>226.</td> <td>227.</td> <td>228.</td> <td>229.</td> <td>230.</td> <td>231.</td> <td>232.</td> <td>233.</td> <td>234.</td> <td>235.</td> <td>236.</td> <td>237.</td> <td>238.</td> <td>239.</td> <td>240.</td> <td>241.</td> <td>242.</td> <td>243.</td> <td>244.</td> <td>245.</td> <td>246.</td> <td>247.</td> <td>248.</td> <td>249.</td> <td>250.</td> <td>251.</td> <td>252.</td> <td>253.</td> <td>254.</td> <td>255.</td> <td>256.</td> <td>257.</td> <td>258.</td> <td>259.</td> <td>260.</td> <td>261.</td> <td>262.</td> <td>263.</td> <td>264.</td> <td>265.</td> <td>266.</td> <td>267.</td> <td>268.</td> <td>269.</td> <td>270.</td> <td>271.</td> <td>272.</td> <td>273.</td> <td>274.</td> <td>275.</td> <td>276.</td> <td>277.</td> <td>278.</td> <td>279.</td> <td>280.</td> <td>281.</td> <td>282.</td> <td>283.</td> <td>284.</td> <td>285.</td> <td>286.</td> <td>287.</td> <td>288.</td> <td>289.</td> <td>290.</td> <td>291.</td> <td>292.</td> <td>293.</td> <td>294.</td> <td>295.</td> <td>296.</td> <td>297.</td> <td>298.</td> <td>299.</td> <td>300.</td> <td>301.</td> <td>302.</td> <td>303.</td> <td>304.</td> <td>305.</td> <td>306.</td> <td>307.</td> <td>308.</td> <td>309.</td> <td>310.</td> <td>311.</td> <td>312.</td> <td>313.</td> <td>314.</td> <td>315.</td> <td>316.</td> <td>317.</td> <td>318.</td> <td>319.</td> <td>320.</td> <td>321.</td> <td>322.</td> <td>323.</td> <td>324.</td> <td>325.</td> <td>326.</td> <td>327.</td> <td>328.</td> <td>329.</td> <td>330.</td> <td>331.</td> <td>332.</td> <td>333.</td> <td>334.</td> <td>335.</td> <td>336.</td> <td>337.</td> <td>338.</td> <td>339.</td> <td>340.</td> <td>341.</td> <td>342.</td> <td>343.</td> <td>344.</td> <td>345.</td> <td>346.</td> <td>347.</td> <td>348.</td> <td>349.</td> <td>350.</td> <td>351.</td> <td>352.</td> <td>353.</td> <td>354.</td> <td>355.</td> <td>356.</td> <td>357.</td> <td>358.</td> <td>359.</td> <td>360.</td> <td>361.</td> <td>362.</td> <td>363.</td> <td>364.</td> <td>365.</td> <td>366.</td> <td>367.</td> <td>368.</td> <td>369.</td> <td>370.</td> <td>371.</td> <td>372.</td> <td>373.</td> <td>374.</td> <td>375.</td> <td>376.</td> <td>377.</td> <td>378.</td> <td>379.</td> <td>380.</td> <td>381.</td> <td>382.</td> <td>383.</td> <td>384.</td> <td>385.</td> <td>386.</td> <td>387.</td> <td>388.</td> <td>389.</td> <td>390.</td> <td>391.</td> <td>392.</td> <td>393.</td> <td>394.</td> <td>395.</td> <td>396.</td> <td>397.</td> <td>398.</td> <td>399.</td> <td>400.</td> <td>401.</td> <td>402.</td> <td>403.</td> <td>404.</td> <td>405.</td> <td>406.</td> <td>407.</td> <td>408.</td> <td>409.</td> <td>410.</td> <td>411.</td> <td>412.</td> <td>413.</td> <td>414.</td> <td>415.</td> <td>416.</td> <td>417.</td> <td>418.</td> <td>419.</td> <td>420.</td> <td>421.</td> <td>422.</td> <td>423.</td> <td>424.</td> <td>425.</td> <td>426.</td> <td>427.</td> <td>428.</td> <td>429.</td> <td>430.</td> <td>431.</td> <td>432.</td> <td>433.</td> <td>434.</td> <td>435.</td> <td>436.</td> <td>437.</td> <td>438.</td> <td>439.</td> <td>440.</td> <td>441.</td> <td>442.</td> <td>443.</td> <td>444.</td> <td>445.</td> <td>446.</td> <td>447.</td> <td>448.</td> <td>449.</td> <td>450.</td> <td>451.</td> <td>452.</td> <td>453.</td> <td>454.</td> <td>455.</td> <td>456.</td> <td>457.</td> <td>458.</td> <td>459.</td> <td>460.</td> <td>461.</td> <td>462.</td> <td>463.</td> <td>464.</td> <td>465.</td> <td>466.</td> <td>467.</td> <td>468.</td> <td>469.</td> <td>470.</td> <td>471.</td> <td>472.</td> <td>473.</td> <td>474.</td> <td>475.</td> <td>476.</td> <td>477.</td> <td>478.</td> <td>479.</td> <td>480.</td> <td>481.</td> <td>482.</td> <td>483.</td> <td>484.</td> <td>485.</td> <td>486.</td> <td>487.</td> <td>488.</td> <td>489.</td> <td>490.</td> <td>491.</td> <td>492.</td> <td>493.</td> <td>494.</td> <td>495.</td> <td>496.</td> <td>497.</td> <td>498.</td> <td>499.</td> <td>500.</td> <td>501.</td> <td>502.</td> <td>503.</td> <td>504.</td> <td>505.</td> <td>506.</td> <td>507.</td> <td>508.</td> <td>509.</td> <td>510.</td> <td>511.</td> <td>512.</td> <td>513.</td> <td>514.</td> <td>515.</td> <td>516.</td> <td>517.</td> <td>518.</td> <td>519.</td> <td>520.</td> <td>521.</td> <td>522.</td> <td>523.</td> <td>524.</td> <td>525.</td> <td>526.</td> <td>527.</td> <td>528.</td> <td>529.</td> <td>530.</td> <td>531.</td> <td>532.</td> <td>533.</td> <td>534.</td> <td>535.</td> <td>536.</td> <td>537.</td> <td>538.</td> <td>539.</td> <td>540.</td> <td>541.</td> <td>542.</td> <td>543.</td> <td>544.</td> <td>545.</td> <td>546.</td> <td>547.</td> <td>548.</td> <td>549.</td> <td>550.</td> <td>551.</td> <td>552.</td> <td>553.</td> <td>554.</td> <td>555.</td> <td>556.</td> <td>557.</td> <td>558.</td> <td>559.</td> <td>560.</td> <td>561.</td> <td>562.</td> <td>563.</td> <td>564.</td> <td>565.</td> <td>566.</td> <td>567.</td> <td>568.</td> <td>569.</td> <td>570.</td> <td>571.</td> <td>572.</td> <td>573.</td> <td>574.</td> <td>575.</td> <td>576.</td> <td>577.</td> <td>578.</td> <td>579.</td> <td>580.</td> <td>581.</td> <td>582.</td> <td>583.</td> <td>584.</td> <td>585.</td> <td>586.</td> <td>587.</td> <td>588.</td> <td>589.</td> <td>590.</td> <td>591.</td> <td>592.</td> <td>593.</td> <td>594.</td> <td>595.</td> <td>596.</td> <td>597.</td> <td>598.</td> <td>599.</td> <td>600.</td> <td>601.</td> <td>602.</td> <td>603.</td> <td>604.</td> <td>605.</td> <td>606.</td> <td>607.</td> <td>608.</td> <td>609.</td> <td>610.</td> <td>611.</td> <td>612.</td> <td>613.</td> <td>614.</td> <td>615.</td> <td>616.</td> <td>617.</td> <td>618.</td> <td>619.</td> <td>620.</td> <td>621.</td> <td>622.</td> <td>623.</td> <td>624.</td> <td>625.</td> <td>626.</td> <td>627.</td> <td>628.</td> <td>629.</td> <td>630.</td> <td>631.</td> <td>632.</td> <td>633.</td> <td>634.</td> <td>635.</td> <td>636.</td> <td>637.</td> <td>638.</td> <td>639.</td> <td>640.</td> <td>641.</td> <td>642.</td> <td>643.</td> <td>644.</td> <td>645.</td> <td>646.</td> <td>647.</td> <td>648.</td> <td>649.</td> <td>650.</td> <td>651.</td> <td>652.</td> <td>653.</td> <td>654.</td> <td>655.</td> <td>656.</td> <td>657.</td> <td>658.</td> <td>659.</td> <td>660.</td> <td>661.</td> <td>662.</td> <td>663.</td> <td>664.</td> <td>665.</td> <td>666.</td> <td>667.</td> <td>668.</td> <td>669.</td> <td>670.</td> <td>671.</td> <td>672.</td> <td>673.</td> <td>674.</td> <td>675.</td> <td>676.</td> <td>677.</td> <td>678.</td> <td>679.</td> <td>680.</td> <td>681.</td> <td>682.</td> <td>683.</td> <td>684.</td> <td>685.</td> <td>686.</td> <td>687.</td> <td>688.</td> <td>689.</td> <td>690.</td> <td>691.</td> <td>692.</td> <td>693.</td> <td>694.</td> <td>695.</td> <td>696.</td> <td>697.</td> <td>698.</td> <td>699.</td> <td>700.</td> <td>701.</td> <td>702.</td> <td>703.</td> <td>704.</td> <td>705.</td> <td>706.</td> <td>707.</td> <td>708.</td> <td>709.</td> <td>710.</td> <td>711.</td> <td>712.</td> <td>713.</td> <td>714.</td> <td>715.</td> <td>716.</td> <td>717.</td> <td>718.</td> <td>719.</td> <td>720.</td> <td>721.</td> <td>722.</td> <td>723.</td> <td>724.</td> <td>725.</td> <td>726.</td> <td>727.</td> <td>728.</td> <td>729.</td> <td>730.</td> <td>731.</td> <td>732.</td> <td>733.</td> <td>734.</td> <td>735.</td> <td>736.</td> <td>737.</td> <td>738.</td> <td>739.</td> <td>740.</td> <td>741.</td> <td>742.</td> <td>743.</td> <td>744.</td> <td>745.</td> <td>746.</td> <td>747.</td> <td>748.</td> <td>749.</td> <td>750.</td> <td>751.</td> <td>752.</td> <td>753.</td> <td>754.</td> <td>755.</td> <td>756.</td> <td>757.</td> <td>758.</td> <td>759.</td> <td>760.</td> <td>761.</td> <td>762.</td> <td>763.</td> <td>764.</td> <td>765.</td> <td>766.</td> <td>767.</td> <td>768.</td> <td>769.</td> <td>770.</td> <td>771.</td> <td>772.</td> <td>773.</td> <td>774.</td> <td>775.</td> <td>776.</td> <td>777.</td> <td>778.</td> <td>779.</td> <td>780.</td> <td>781.</td> <td>782.</td> <td>783.</td> <td>784.</td> <td>785.</td> <td>786.</td> <td>787.</td> <td>788.</td> <td>789.</td> <td>790.</td> <td>791.</td> <td>792.</td> <td>793.</td> <td>794.</td> <td>795.</td> <td>796.</td> <td>797.</td> <td>798.</td> <td>799.</td> <td>800.</td> <td>801.</td> <td>802.</td> <td>803.</td> <td>804.</td> <td>805.</td> <td>806.</td> <td>807.</td> <td>808.</td> <td>809.</td> <td>810.</td> <td>811.</td> <td>812.</td> <td>813.</td> <td>814.</td> <td>815.</td> <td>816.</td> <td>817.</td> <td>818.</td> <td>819.</td> <td>820.</td> <td>821.</td> <td>822.</td> <td>823.</td> <td>824.</td> <td>825.</td> <td>826.</td> <td>827.</td> <td>828.</td> <td>829.</td> <td>830.</td> <td>831.</td> <td>832.</td> <td>833.</td> <td>834.</td> <td>835.</td> <td>836.</td> <td>837.</td> <td>838.</td> <td>839.</td> <td>840.</td> <td>841.</td> <td>842.</td> <td>843.</td> <td>844.</td> <td>845.</td> <td>846.</td> <td>847.</td> <td>848.</td> <td>849.</td> <td>850.</td> <td>851.</td> <td>852.</td> <td>853.</td> <td>854.</td> <td>855.</td> <td>856.</td> <td>857.</td> <td>858.</td> <td>859.</td> <td>860.</td> <td>861.</td> <td>862.</td> <td>863.</td> <td>864.</td> <td>865.</td> <td>866.</td> <td>867.</td> <td>868.</td> <td>869.</td> <td>870.</td> <td>871.</td> <td>872.</td> <td>873.</td> <td>874.</td> <td>875.</td> <td>876.</td> <td>877.</td> <td>878.</td> <td>879.</td> <td>880.</td> <td>881.</td> <td>882.</td> <td>883.</td> <td>884.</td> <td>885.</td> <td>886.</td> <td>887.</td> <td>888.</td> <td>889.</td> <td>890.</td> <td>8
```html <table> <tr> <td>1</td> <td>stationery at a location. This would lend support to the evidence of the car being parked</td> </tr> <tr> <td>2</td> <td>at a location for some period.</td> </tr> <tr> <td>3</td> <td>4</td> <td>141.</td> <td>I am satisfied in the light of this other evidence that any inconsistency as to the</td> </tr> <tr> <td>5</td> <td>movement of the car from Cardinal Avenue and their evidence of going directly to the</td> </tr> <tr> <td>6</td> <td>parking lot is not material and does not cause me to doubt the reliability or truthfulness</td> </tr> <tr> <td>7</td> <td>of their evidence on the major matters. I conclude that very likely Ms. Carballo is</td> </tr> <tr> <td>8</td> <td>mistaken as to whether or not she went directly to the parking lot. I accept the evidence</td> </tr> <tr> <td>9</td> <td>of Ms. Carballo that the car was parked in the parking lot identified. I also accept her</td> </tr> <tr> <td>10</td> <td>evidence that she did not give the keys for the vehicle to anyone else that afternoon.</td> </tr> <tr> <td>11</td> <td>142.</td> <td>In relation to a possible motive for Ms. Carballo to plant the gun in the car, the Defendant</td> </tr> <tr> <td>12</td> <td>stated she did not like him 100%. There is of course no burden on him to prove anything.</td> </tr> <tr> <td>13</td> <td>In assessing whether or not Ms. Carballo had a motive for the planting of a firearm on</td> </tr> <tr> <td>14</td> <td>the Defendant I thought the suggestion of her not liking him or not liking his relationship</td> </tr> <tr> <td>15</td> <td>with Ms. Smith, a most weak reason. There appears to be no credible evidence of conflict</td> </tr> <tr> <td>16</td> <td>between any of them such as would drive them to plant a firearm in his car in order to</td> </tr> <tr> <td>17</td> <td>set him up.</td> </tr> <tr> <td>18</td> </tr> <tr> <td>19</td> <td>143.</td> <td>It also seems surprising for Ms. Carballo to have chosen that day and time knowing that</td> </tr> <tr> <td>20</td> <td>she had the car that afternoon and that suspicion would immediately fall on her. I</td> </tr> <tr> <td>21</td> <td>assessed her as a witness of truth when she stated that she had not placed the gun in the</td> </tr> <tr> <td>22</td> <td>car seen anyon en in the car.</td> </tr> <tr> <td>23</td> <td>24</td> <td>25</td> <td>These were y</td> <td>a smonf disli</td> <td>v nerson viDay. I dotha</td> <td>ansport of</td> </tr> <tr> <td>and had no</td> <td>else place a/oung ladies</td> <td>wh/valentine nc</td> <td>with needer</td> </tr> <tr> <td>guout for</td> <td>hopping reake of the ye's I</td> <td>ling them trt they fo</td> </tr> <tr> <td>hopping afterday before reasons of dislike of the very person who was providing was n</td> <td>Wit ocart ansport or</td> </tr> </table> Verdict Judgment: The Queen v. Derby (Dean Ryan): Ind. 15 of 2020. Coram: Richards J, Q.C. Date: 26.08.2020 Page 45 of 54 ```
```html <table> <tr> <td>1</td> <td>of his relationship with Ms. Rizo would have acquired, much less placed a firearm in the</td> </tr> <tr> <td>car.</td> </tr> <tr> <td>3</td> </tr> <tr> <td>4</td> <td>144. I accept the evidence of Ms. Rizo that she did not place the firearm in the glove</td> </tr> <tr> <td>5</td> <td>compartment.</td> </tr> <tr> <td>6</td> </tr> <tr> <td>7</td> <td>145. I find as a fact that the gun was not placed in the car by Ms. Carballo or Ms. Rizo and</td> </tr> <tr> <td>8</td> <td>that the other women could not have placed the gun in the car without Ms. Carballo</td> </tr> <tr> <td>9</td> <td>witnessing this. I find as a fact that Ms. Carballo did not see anyone placing the gun in</td> </tr> <tr> <td>10</td> <td>the car.</td> </tr> <tr> <td>11</td> </tr> <tr> <td>12</td> <td>146. Secondly, I considered whether the gun may have been planted by someone unknown.</td> </tr> <tr> <td>13</td> <td>While Ms. Carballo gave evidence that the vehicle was locked by her whilst in the</td> </tr> <tr> <td>14</td> <td>parking lot by the perfume store and there is evidence that it was not left unattended</td> </tr> <tr> <td>15</td> <td>whilst at the AL Thompson Department store, there is no evidence as to the state of the</td> </tr> <tr> <td>16</td> <td>car when she went to the Immigration Department and other places.</td> </tr> <tr> <td>17</td> </tr> <tr> <td>18</td> <td>147. The Prosecution submitted in its closing argument that it is implausible that someone</td> </tr> <tr> <td>19</td> <td>else planted or left a firearm, which is a valuable item in the glove box. This argument</td> </tr> <tr> <td>20</td> <td>has some force for a number of reasons. Firstly for the young ladies to have the car was</td> </tr> <tr> <td>21</td> <td>an occasional rather than an everyday event. In the usual course the car would have been</td> </tr> <tr> <td>22</td> <td>mostly with the Defendant or sometimes with Mr. McField who would use the car on</td> </tr> <tr> <td>23</td> <td>occasion. The evidence was that Mr. McField had not had the car in the days leading up</td> </tr> <tr> <td>24</td> <td>to they. The Defene rented the</td> </tr> <tr> <td>13th Februandant said the could use</td> </tr> <tr> <td>25</td> <td>work on tin n taking bei</td> </tr> <tr> <td>26</td> <td>implausible that an unknown individual would have identified an opportunity to place</td> </tr> </table> Verdict Judgment: The Queen v. Derby (Dean Ryan): Ind. 15 of 2020. Coram: Richards J, Q.C. Date: 26.08.2020 Page 46 of 54 ```
```html <table> <tr> <td>1</td> <td>the gun in the car within the short window afforded by the shopping trip which had only</td> </tr> <tr> <td>2</td> <td>been arranged on the morning of that day.</td> </tr> <tr> <td>3</td> </tr> <tr> <td>4</td> <td>148.</td> <td>Moreover, there appears to be no credible evidence of any unknown person having a</td> </tr> <tr> <td>5</td> <td>motive to set up the Defendant. Jealousy of his prosperity at having a rental car and his</td> </tr> <tr> <td>6</td> <td>being hardworking appears to be the extent of the suggestions made. I find these to be</td> </tr> <tr> <td>7</td> </tr> <tr> <td>8</td> <td>149.</td> <td>A major factual point on which the Defence rely to point to an unknown individual or</td> </tr> <tr> <td>9</td> <td>an individual other than the Defendant is the fact that the Defendant is right-handed and</td> </tr> <tr> <td>10</td> <td>the gun which was turned with the butt and handle to the left must it is said have been</td> </tr> <tr> <td>11</td> <td>placed in the compartment by a left handed person. Neither Claudia Carballo nor Melissa</td> </tr> <tr> <td>12</td> <td>Rizo are left-handed. It does seem to be speculative to say that it must have been placed</td> </tr> <tr> <td>13</td> <td>in the compartment by a left-handed person and that the response of DC Ennis that it</td> </tr> <tr> <td>14</td> <td>depends on how the gun is being held is correct.</td> </tr> <tr> <td>15</td> </tr> <tr> <td>16</td> </tr> <tr> <td>17</td> <td>150.</td> <td>The point is also contradicted by the fact that the Defendant accepts that he, a right-</td> </tr> <tr> <td>18</td> <td>handed person must have been the last person to pick up and hold the firearm. He said</td> </tr> <tr> <td>19</td> <td>repeatedly in his interview that his fingerprints would be on the firearm because he</td> </tr> <tr> <td>20</td> <td>picked it up.</td> </tr> <tr> <td>21</td> </tr> <tr> <td>22</td> <td>151.</td> <td>I do not find that the positioning of the gun in the glove compartment points to placement</td> </tr> <tr> <td>23</td> <td>therein by a left-handed person or a person other than the Defendant.</td> </tr> <tr> <td>24</td> <td>25</td> <td>On the Prosecut</td> <td>the case for</td> <td>ion， the P</td> <td>excute a sit at</td> <td>3 Myle</td> </tr> <tr> <td>26</td> <td>Lane under the Firearms Law within minutes of the Defendant arriving there. I have</td> </tr> </table> Verdict Judgment: The Queen v. Derby (Dean Ryan): Ind. 15 of 2020. Coram: Richards J, Q.C. Date: 26.08.2020 Page 47 of 54 ```
```html <table> <tr> <td>1</td> <td>given careful consideration to this singular fact in the context of the Defendant's claim</td> </tr> <tr> <td>2</td> <td>that he was "set up". The timing of the arrival of the Police would appear at first blush</td> </tr> <tr> <td>3</td> <td>to support his account. How is it that the Police arrived there so soon after the Defendant</td> </tr> <tr> <td>4</td> <td>drove up in his car? I found the following evidence of significance in considering this</td> </tr> <tr> <td>5</td> <td>aspect:</td> </tr> <tr> <td>6</td> </tr> <tr> <td>7</td> <td>i. The Defendant would visit his friend at that address. While he appeared to</td> </tr> <tr> <td>8</td> <td>frequent the area, he did not reside at that location.</td> </tr> <tr> <td>9</td> </tr> <tr> <td>10</td> <td>ii. The Defendant was late leaving work that afternoon. He said that he would</td> </tr> <tr> <td>11</td> <td>normally leave at 5pm but had to wait about an extra half an hour to be</td> </tr> <tr> <td>12</td> <td>picked up by Claudia Carballo. He said that he was annoyed at this.</td> </tr> <tr> <td>13</td> </tr> <tr> <td>14</td> <td>iii. The Defendant said that he went to Myles Lane because he was called at</td> </tr> <tr> <td>15</td> <td>3pm by his friend and asked to provide a lift. He had not told anyone that he</td> </tr> <tr> <td>16</td> <td>was going there.</td> </tr> <tr> <td>17</td> </tr> <tr> <td>18</td> <td>iv. The focus of the Police search was the house at 3 Myles Lane.</td> </tr> <tr> <td>19</td> </tr> <tr> <td>20</td> <td>v. The Defendant was searched it appears because he was seen coming from</td> </tr> <tr> <td>21</td> <td>the house. He had nothing on him and was allowed to leave.</td> </tr> <tr> <td>22</td> </tr> <tr> <td>23</td> <td>vi. The car did not appear to feature in the Police search.</td> </tr> <tr> <td>24</td> <td>ar remained by the Police remained unquestioned by the Police from that moment to 3) until it</td> </tr> <tr> <td>25</td> <td>26</td> <td>final attention it had recently mint at</td> </tr> <tr> <td>26</td> <td>27</td> <td>one</td> </tr> <tr> <td>27</td> <td>question appears to the</td> <td>be our and utes loned an</td> </tr> <tr> <td>28</td> <td>subst about on</td> <td>substan because</td> </tr> <tr> <td>29</td> <td>attention, because it had been essentially left esan until no one</td> <td>ially and tracted</td> </tr> <tr> <td>30</td> <td>identified themselves as the owner.</td> </tr> </table> Verdict Judgment: The Queen v. Derby (Dean Ryan): Ind. 15 of 2020. Coram: Richards J, Q.C. Date: 26.08.2020 Page 48 of 54 ```
```html <table> <tr> <td>1</td> <td>153.</td> <td>From all of these circumstances, in my view the reasonable and inescapable inference is that the Defendant simply happened to be in the wrong place at the wrong time. In the circumstances as they unfolded, there is nothing to suggest that his vehicle appeared to be an initial target of the search. If the firearm had in fact been planted in the vehicle one would have expected the vehicle to have been the immediate focus.</td> </tr> <tr> <td>7</td> <td>154.</td> <td>I turn now to the Defence case.</td> </tr> <tr> <td>9</td> <td>155.</td> <td>I closely observed the Defendant throughout his evidence. He did not impress me as a witness of truth. I formed the view that he was not being truthful or forthcoming as to what took place.</td> </tr> <tr> <td>13</td> <td>156.</td> <td>In his interview the Defendant appeared to be saying that the firearm had not been in the car on the morning of the 13th February. In his evidence he said that he had last gone into the glove compartment on the Sunday or Monday before. Mr. McField had not borrowed the car that week.</td> </tr> <tr> <td>18</td> <td>157.</td> <td>He accepted lying to the police about whether he had walked to the location and as to not in fact receiving a call from Ms. Clarke just prior to going into the glove compartment.</td> </tr> <tr> <td>22</td> <td>158.</td> <td>I bear in mind that a defendant who tells a lie is not necessarily guilty, sometimes a defendant who is not guilty will tell a lie for an innocent reason such as to bolster a</td> </tr> <tr> <td>24</td> <td>25</td> <td>Verdict Judgment：The Queen v. Derby (Dean Ryan) ：Ind. 15 of 2020. Coram：Richards J，Q.C. Date：26.08.2020</td> </tr> </table> ```
The reason which the Defendant gave for telling the lie about walking to the location is that he was in a state of panic, he was scared and believed that if he told the Police about the gun which he says he found in his car the Police would not believe him. His account of finding the gun minutes before the arrival of the police relies heavily on a reason for going into the glove compartment. He said repeatedly throughout his interview that he did so because while he was driving, he received a call from Ms. Clarke about the car which lead him to check for the receipt in the glove compartment. Thus, he pinned the timing of the entry into the glove compartment to the timing of that call. This was repeated more than once in the course of the interview. In evidence he resiled from this and admitted that the only call he had received from Ms. Clarke was before 12 noon that day. His final answer was that he had been checking for the receipts while driving because Ms. Clarke had called him earlier in the day and he had been checking around the car which had been returned to him in a messy condition. This is an explanation which if true could easily have been given at the time of the interview. I find his explanation in interview for the reason for the timing of going into the glove compartment to be a deliberate lie. I am sure that it was not made for an innocent reason such as to bolster a genuine defence or shock, confusion or mistake. This was a lie designed to set the timing for his claim that he had suddenly discovered the firearm in the car that this lie ch supports the Prosecution's case. Verdict Judgment: The Queen v. Derby (Dean Ryan): Ind. 15 of 2020. Coram: Richards J, Q.C. Date: 26.08.2020 Page 50 of 54 --- **Footnote:** 19 R. v. Lucas [1981] 73 Cr. App. R. 159; Strudwick and Merry [1994] 99 Cr. App. R. 326
The messages found on his phone are curious indeed as was his evidence in relation to them. Initially in response to questions from his Counsel, he said that he could not assist with them. When asked again in re-examination about them, there was a lengthy pause before he responded. It appeared that he was seeking initially to distance himself from these messages. Nowhere in this conversation which he finally admitted was initially about the gun does he say, the gun was planted in my car, instead he says ‘they already fine it’. Within twenty-one seconds after the last exchange about the gun, he asks the lady to whom he was speaking to ‘link him’ and get back to him. He claims that this message was not about the gun. I find that the timing and sequence of the messages are significant. I took note of the initial claim not to be able to say what these messages were about, and the long pause before he answered that the initial messages were about the gun. I did not find his responses to be credible. On initial arrest and caution, he was asked how he had known that he was going to be arrested for a firearm. He replied, yes, he knew, but he does not want to say because he does not want to get into any trouble, he had driven the car. On his account the firearm had been found by him just minutes before and he was in a state of shock and panic. The way in which the car was left belies this. While he claimed that he did not wish to lock the firearm up in the car as it did not belong to him and did not do anything casualness about this, there was which appears to be inconsistent with him having been in a state of shock and panic. The music was left on and the key was left in the engine. There seems to have been no concern that Verdict Judgment: The Queen v. Derby (Dean Ryan): Ind. 15 of 2020. Coram: Richards J, Q.C. Date: 26.08.2020 Page 51 of 54
```html <table> <tr> <td>1</td> <td>anyone could access the ‘real gun’ which he had just found in his car. It was visible once</td> </tr> <tr> <td>2</td> <td>the glove compartment was open.</td> </tr> <tr> <td>3</td> <td>4</td> <td>167.</td> <td>His conduct after the arrival of the Police and the lie told to the police that he had walked</td> </tr> <tr> <td>5</td> <td>to the location was plainly in order to distance himself from the car and evidences the</td> </tr> <tr> <td>6</td> <td>fact that he well knew that the firearm was in the vehicle and hoped that it would not be</td> </tr> <tr> <td>7</td> <td>discovered.</td> </tr> <tr> <td>8</td> <td>9</td> <td>168.</td> <td>I did not find him to be a credible witness. I do not accept that he found the firearm in</td> </tr> <tr> <td>10</td> <td>his rented vehicle minutes before in the circumstances which he described. The</td> </tr> <tr> <td>11</td> <td>inescapable inference is that he deliberately lied as to the timing for entry into the glove</td> </tr> <tr> <td>12</td> <td>compartment in order to give the appearance of momentary possession or planting.</td> </tr> <tr> <td>13</td> <td>14</td> <td>169.</td> <td>Having considered all the circumstances, I find his explanation as to the finding of the</td> </tr> <tr> <td>15</td> <td>gun in the car to be untrue. I reject his account.</td> </tr> <tr> <td>16</td> </tr> <tr> <td>17</td> <td>170.</td> <td>Having rejected his account or excuse, I have again considered the case for the</td> </tr> <tr> <td>18</td> <td>Prosecution - being mindful of the burden of proof. I make the following findings. The</td> </tr> <tr> <td>19</td> <td>firearm and ammunition were found by the Police in the glove compartment of the rented</td> </tr> <tr> <td>20</td> <td>car. They were not planted in the car by the women who had the car earlier in the day</td> </tr> <tr> <td>21</td> <td>or by a person or persons unknown. The Defendant had custody and control of the car.</td> </tr> <tr> <td>22</td> <td>He paid the rental fees and was the person who on his own evidence kept the car for</td> </tr> <tr> <td>23</td> <td>most of the time, loaning it out in his discretion. The fact that he was not the legal re</td> </tr> <tr> <td>24</td> <td>porter of the car does not against the</td> </tr> <tr> <td>25</td> <td>Verdict Judgment：The Queen v. Derby (Dean Ryan) ：Ind. 15 of 2020. Coram：Richards J. Q.C. Date：</td> </tr> <tr> <td>26</td> <td>26.08.2020</td> </tr> </table> Page 52 of 54 ```
```html <table> <tr> <td>1</td> <td>firearm was in his car and that he had held it. The firearm is a lethal barreled weapon</td> </tr> <tr> <td>2</td> <td>and the ammunition viable within the meaning of the Firearms Law.</td> </tr> <tr> <td>3</td> <td>171.</td> <td>I am satisfied so that I am sure on the Prosecution’s case that the Defendant was in</td> </tr> <tr> <td>4</td> <td>possession of the firearm and ammunition on the 13th February 2020 contrary to the</td> </tr> <tr> <td>5</td> <td>provisions of the Firearms Law as is charged.</td> </tr> <tr> <td>6</td> </tr> <tr> <td>7</td> </tr> <tr> <td>8</td> <td>172.</td> <td>Additionally, even if his account is true that his possession of the firearm and</td> </tr> <tr> <td>9</td> <td>ammunition was only for a matter of minutes, it could not, in these circumstances,</td> </tr> <tr> <td>10</td> <td>amount to a defence to these offences. Having found the firearm in the glove</td> </tr> <tr> <td>11</td> <td>compartment, on his account his intention was to keep it until he could make his own</td> </tr> <tr> <td>12</td> <td>inquiries as to how it came to be in his vehicle. There was no immediate repudiation of</td> </tr> <tr> <td>13</td> <td>possession. He could have thrown the gun out of his vehicle, driven back to Ms. Carballo</td> </tr> <tr> <td>14</td> <td>whom he had just dropped off or driven to the George Town Police Station which was</td> </tr> <tr> <td>15</td> <td>minutes away. Instead he chose to keep it in his vehicle.</td> </tr> <tr> <td>16</td> </tr> <tr> <td>17</td> <td>173.</td> <td>It is no excuse, as he sought to say, that he did not have time to do anything when he</td> </tr> <tr> <td>18</td> <td>also said that he intended to keep it for a time. By choosing to continue to drive with it</td> </tr> <tr> <td>19</td> <td>remaining in his car, albeit for a short distance, he was controlling its location. The</td> </tr> <tr> <td>20</td> <td>inescapable conclusion is that he was assenting to being in control of it.</td> </tr> <tr> <td>21</td> </tr> <tr> <td>22</td> <td>174.</td> <td>While he also claims that it was because of panic, shock and fear that he didn’t go</td> </tr> <tr> <td>23</td> <td>immediately to the Police station and did not tell the Police on the scene, his expressed</td> </tr> <tr> <td>24</td> <td>intention was n over but</td> </tr> <tr> <td>25</td> <td>assing in contro A</td> </tr> <tr> <td>26</td> <td>to</td> </tr> <tr> <td>indications</td> </tr> </table> Verdict Judgment: The Queen v. Derby (Dean Ryan): Ind. 15 of 2020. Coram: Richards J, Q.C. Date: 26.08.2020 Page 53 of 54 ```
```html <table> <tr> <td>175.</td> <td>It is also noted that the discovery of the firearm was not immediate. On the evidence he</td> </tr> <tr> <td>2</td> <td>remained at the location for some time while the search of the house took place. The</td> </tr> <tr> <td>3</td> <td>Police did not approach the car until 7：10pm. The Defendant thus remained there for</td> </tr> <tr> <td>4</td> <td>at least an hour between 5：45 pm and shortly before 7：10pm knowing that the gun was</td> </tr> <tr> <td>5</td> <td>in his rented car and said nothing to any of the Police officers who were right there on the</td> </tr> <tr> <td>6</td> <td>scene. In other words, for the entirety of this lengthy period, he did not repudiate</td> </tr> <tr> <td>7</td> <td>possession.</td> </tr> <tr> <td>8</td> <td>176.</td> <td>Thus, even on this alternative basis, given the legal position as detailed above, I am also</td> </tr> <tr> <td>10</td> <td>satisfied so that I sure that the Defendant would be in possession of the firearm and</td> </tr> <tr> <td>11</td> <td>ammunition contrary to the provisions of the Firearms Law as charged.</td> </tr> <tr> <td>12</td> <td>177.</td> <td>The verdict is therefore one of guilty to both counts on this indictment.</td> </tr> <tr> <td>14</td> </tr> <tr> <td>15</td> <td>Dated this 26th day of August 2020</td> </tr> <tr> <td>16</td> <td>17</td> <td>Honourable Justice Cheryll Richards Q.C.</td> </tr> <tr> <td>Judge of the Grand Court</td> </tr> </table>