Court: Joell Loses Appeal On Firearm Charge

December 14, 2017

Eston Joell –  who was sentenced to 12 years in prison for possession of a firearm and ammunition – has his appeal dismissed by Bermuda’s Court of Appeal.

In providing background, the Court’s ruling said, “On 13th June, 2016 the Appellant was convicted of the offence of Possession of a Prohibited Weapon, contrary to section 2[1][a][iv] of the Firearms Act 1973, and of Possession of Ammunition without a Licence, contrary to section 3[1][a] of the 1973 Act.

“He was sentenced to 12 years imprisonment on 2 count 1 [being in possession of the firearm], 12 years on count 2 [being in possession of the ammunition], and 12 years for possession of ammunition found in his house, all to run concurrently.

“The Appellant’s conviction stemmed from possession of a firearm that was found in a bag which was in the possession of Lekan Scott, who was charged as a co-defendant.

“These are our reasons for dismissing his appeal against conviction.

“On 1st September, 2015, Lekan Scott visited the home of the Appellant riding a motorcycle, registration number BO722, and left 12 minutes later. Police officers who had him under surveillance followed him along Middle Road in Paget, where he collided with another motorcycle.

“He escaped from the scene leaving the motorcycle and the property which he had in his possession. This included a brown bag in which the police discovered another grey bag, a bag of charcoal and a receipt. The grey bag contained an army colt 45 firearm with five rounds of .45 calibre ammunition which the police took into their possession.

“On the next day, 2nd September, 2015, the Appellant’s home was searched and a number of items were seized from a room. These included a black wooden box containing one .38 calibre SPL CNC spent casing, and fourteen rounds of F hollow point small calibre ammunition, a yellow OHMS envelope containing 38 RP 223 REM rifle rounds, and a push video 8 channel H 264 DVR CCTV recorder.

“On Monday, 14th September, 2015, Lekan Scott was arrested for possession of a firearm. On Tuesday, 15th September, 2015 during further interviews with the police, Scott admitted that on 1st September, 2015 he was at the residence of the Appellant who asked him to carry an item to the Botanical Gardens where it would be collected by someone.

“A forensic examination of the seized firearm revealed the Appellant’s DNA on parts of it.

“Having considered and reviewed the evidence and directions of the trial judge to the jury, and having analysed the issues which arose in the case, we dismissed the appeal.”

The Court’s ruling follows below [PDF here]:

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