Three men convicted of possessing 18 illegal firearms and 647 rounds of ammunition — described by prosecutors as the largest haul in Barbados’ history — have pleaded with the Supreme Court for non-custodial sentences.
Corrie Macaulay Brathwaite, a customs broker of Dash Valley, St George; Martez Davidson Hackett, a mechanic of Jackson Tenantry Road, St Michael; and Warren James Husbands, of Fitts Village, St James, were convicted by jury last December of possessing four Glock pistols, three Taurus pistols, a Springfield Armoury USA pistol, two Bersa pistols, a SIG Sauer pistol, a Herstal, a Para Ordnance, one Ruger, one Sturm Ruger, a SIG Arms pistol, a Smith & Wesson revolver, a Smith & Wesson pistol, and 647 rounds of ammunition on September 24, 2013.
Standing in the dock of the No. 3 Supreme Court before Justice Carlisle Greaves on Monday afternoon, Brathwaite declared: “I am sorry for what has occurred and I thank the Father above for granting me strength through this trial…and sir when you sentence me if possible, I request a non-custodial sentence.”
Hackett told the court: “I am sorry for my actions. I am sorry for being before the court for this matter and I kindly ask for a non-custodial sentence.”
Husbands said: “I have had time to reflect. Time away from my peers and loved ones…I am hypertensive…I plead with you at this time to have mercy and leniency on me, your worship. I would like a chance to return to society and my life to make a contribution.”
“With a second chance at this stage in my life, I can assure you that I will not find myself in any circumstances which will end me back up before the courts. I do not expect to be totally absolved of this situation but I beseech you Justice Greaves not to impose a custodial sentence on me at this time.”
Marking it as a case with the “single largest number of firearms in the history of this country”, Principal State Counsel Romario Straker, who prosecuted the case, said it crossed the custodial sentence threshold.
The firearms arrived on the island in packages marked as power tools in the name of a recipient who had died a year before, the court heard.
The packages were taken to an address in Ealing Park, which was not the one listed, and when police executed a warrant they discovered the three now-convicted men in a room with the firearm parts, some of which had been assembled on the bed, and the ammunition in sealed packages.
Prosecutor Straker said: “It must be noted that for the period of time when persons arrived at the residence, the police had it under surveillance and the only other person who arrived after Mr Husbands and the third party who gave evidence in this case was Mr Brathwaite and no one else was seen to enter or leave.”
The prosecutor said that the large number of firearms and ammunition were aggravating, as well as the steps taken by the accused to avoid detection — including disassembling the firearms and packing them among power tools, using the name and identification of a deceased person as the recipient, and listing an alternative address.
He added that four of the firearms had been assembled and there “appeared to be a level of knowledge and experience with the assembly of the firearms”. He found no mitigating factors and suggested a starting point of 15 years.
“This case is one which predates the amendment to the Firearms Act and because it predates it and that act or a criminal piece of legislation often does not carry a retroactive sentencing period, they would fall under the regime that existed at that time. So that the maximum sentence would be 15 years,” he explained.
Straker suggested that Brathwaite and Hackett’s sentences be reduced by two years due to their lack of previous convictions and by one year for the delay, while Husbands’ sentence be discounted only for the delay due to his prior conviction.
But attorney Larry Smith SC, who represents both Brathwaite and Hackett, urged the court to consider a substantial fine of $140 000 to $150 000 rather than jail time for the convicted men.
The senior counsel said: “I hear my learned friend’s submissions that this is the biggest gun and ammunition haul in the history of Barbados. It therefore makes it an appropriate case for the court to say that the delay is unacceptable and so we cannot sanction the people in charge of the various state agencies, but I will send a message nonetheless through you by imposing a significant fine. If the court is minded to impose a fine, we submit a fine of $40 000 to $50 000 forthwith and a fine of $100 000 in 12 months.
“I think a sentence of that magnitude does get the point across very clearly, maybe in some ways better than incarceration could.”
He submitted that the recovery of the firearms and ammunition was a mitigating factor, as well as both men having positive pre-sentence reports and being deemed at low risk of reoffending.
Agreeing that the amount of firearms and bullets was aggravating and their recovery was mitigating, Senior Counsel Angella Mitchell-Gittens told the court that Husbands’ prior conviction for apparatus possession was of a completely different nature and dated, having occurred in 2012.
The defence attorney therefore urged that her client be treated as a first-time offender, adding that he also had a favourable pre-sentence report and should be credited discounts for the delay in the matter and the time he spent on remand.
Justice Greaves will sentence the trio on Tuesday.
(JB)
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