The Tribune

By LAMECH JOHNSON

Tribune Staff Reporter

ljohnson@tribunemedia.net

A MAN’s arraignment for unlicensed firearm and ammunition possession gave a magistrate the opportunity to denounce surging violence and crime in The Bahamas.

Chief Magistrate Joyann-Ferguson Pratt told 21-year-old Harry Gardiner, who admitted to possessing an illegal firearm and faces up to ten years in prison, that The Bahamas “can not be built” from illegal behaviour.

The chief magistrate told him that his actions, and that of other criminals in the past few years, have sent “a message to would-be tourists not to come here”.

“I remember not long ago, going away on a trip and this lady approached me and told me that I looked like somebody important in The Bahamas,” the magistrate said.

“I told her it was just the looks but when I did tell her that I was a judicial officer, she told me that she really wanted to come to The Bahamas but she’d been given many advisory warnings about doing so.

“I tried to make light of it and I said ‘It’s still better in The Bahamas and I can promise you sunshine, beautiful beaches and clear waters’.

“I had to be an ambassador for The Bahamas, but I averted from answering that question. We can’t build a country from illegal behaviour.”

The defendant, a resident of Ridgeland Park, was brought before the gun-court magistrate on Wednesday with his 51-year-old mother, Margaret Gardiner, each on a count of possession of an unlicensed shotgun and possession of ammunition.

His mother, who recently underwent spinal surgery, pleaded not guilty to both charges that were allegedly committed on December 29.

Police prosecutor ASP Clifford Daxon withdrew the charges against her.

The son, however, pleaded guilty to the crimes and a third charge of possession of ammunition.

Gardiner admitted to having custody of an unlicensed Remington shotgun, three live rounds of shotgun cartridges and three live rounds of .40mm ammunition.

“Young man, you think this is any place for you to bring your mother? Lock up in a cell and to court?” the chief magistrate asked her son.

“No, ma’am,” the 21-year-old replied.

“I cry shame on you,” she said. “It’s bad enough for you to be involved in criminal activity for which there is no excuse, but when you’re going to pull your mother with you, that’s unacceptable.”

Around 6pm on the day in question, officers were on patrol in the Ridgeland Park west area when they received reports of gunfire. They went to Woods Street and saw a group of men, including Gardiner, gathered near a wall.

Officers questioned the men who told them that the gunfire appeared to have come from the area of Garden Hills. Officers left but returned to ask further questions.

It was at this time that they saw Gardiner, walking with a limp, approach a white and red-trimmed house.

Officers approached Gardiner who appeared to have been shot in his left foot.

Gardiner told the officers he was going home to get changed and to seek medical attention.

Gardiner was instructed to sit on the porch of the residence, which he did. Officers then saw him remove an object from his waist and put it behind the wall.

Officers became suspicious of the object and retrieved it only to find three rounds of .40mm ammunition.

As a result, officers were searched the home where they discovered the Remington 12-gauge shotgun and three live rounds of ammunition for the weapon in the northern bedroom.

Gardiner was arrested. When interviewed in police custody, Gardiner admitted to possessing the illegal items.

Officers also discovered that Gardiner had a July 2014 conviction for possession of ammunition from the juvenile court where he was sentenced to 500 hours of community service.

Less than half of it has been completed and he is scheduled to return to Court No 2 on February 18 for that matter.

In Wednesday’s hearing, the judge told Gardiner that the ammunition with which he was found could have taken many lives.

“I had it to protect the women in my life just in case I had to use it. I don’t have no job so I be home all day,” Gardiner told the court.

“You know how that sounds don’t you? It sounds criminal. It sounds unbelievable (that) you’d say such a thing to the court,” the magistrate said.

“Mr Gardiner, 2014 was a long and hard year,” she added. “It was long for us in the judiciary because we were inundated with all manners of cases we had to adjudicate on and it is heart wrenching to see a young man on the eve of a New Year before a court for the charges you face.

“This country we call the Bahamas was built up by young men and women who had positive figures to help them. I am deeply moved to see you before the court in this condition, but this court cannot be seen to accept this kind of behaviour.”

“It must stop,” the judge said.

She added: “It can never be right to have a gun in your possession just in case you have to use it, it is not right.”

“I want to send a clarion call to would-be offenders like yourself to stop! To desist! Our country cannot be built like this.

“In all my years of experience in the legal profession, I’ve found that those who claim to possess an illegal firearm don’t actually have it to use just in case. The offender uses it on you. And instead of her sitting in court, your mother could very well be over your cold casket watching you go six feet under.

“Your mother who is trying to recuperate from back surgery and you did this in her house? I don’t look upon this favourably. I hope this will serve as a lesson for you to learn that crime doesn’t pay young man.”

“Yes, your worship,” Gardiner replied.

Gardiner’s sentencing was put off to January 13, to allow him to be treated for the gunshot wound he received on the day in question.

The judge explained that she would also like to properly consider the sentence she would hand down, given the recent amendments made to the law which gives her a sentencing range of one to ten years’ imprisonment.