Absolute Discharge For Gun Charges

December 9, 2011

72-year-old American visitor and self-described missionary Egbert Haywood, facing three charges of unlawfully possessing a firearm, ammunition, was given an Absolute Discharge this morning [Dec.9].

Mr Haywood, said to be living in North Carolina and having a North Carolina permit to carry a concealed weapon, had been charged after airport security checks at LFW had discovered a .32 calibre semi-automatic pistol and 4 rounds of ammunition in his checked luggage as he sought to leave Bermuda on 22nd November on a flight to Toronto.

Defence lawyer Saul Froomkin, QC argued that an Absolute Discharge was more appropriate as any conditions set by a Conditional Discharge would be pointless given that Mr Haywood would not remain in Bermuda. Mr Froomkin also pointed out that Mr Haywood had already spent thirteen nights in a Bermuda because he could not arrange bail.

Having heard both submissions, Senior Magistrate Archie Warner ruled that, in light of all the facts as presented, Mr Haywood would receive an Absolute Discharge. The Magistrate’s parting shot to Mr Haywood was to advise him that: “You should be more careful with how you travel and what you carry.”

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Comments (29)

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  1. junior burchall says:

    A missionary, with a gun, traveling to a nation in the dark and backward Global South.

    Where the bible fails, the pistol will succeed.

    …history repeating itself?

  2. laws says:

    so what would have happend when he went to canada? think they woulda let him off hell no!!!

    • David says:

      Most likely.

      They woulda let him off if he had that gun and a half ounce of some good cannabis too.

      : p

  3. Joe says:

    Glad they let d guy go

  4. Bulla Bulla says:

    They should have fined him heavily!!!

  5. Fred Swartz says:

    Again, he was leaving the Country and posed no problem to Bermuda. The rest is theatre. The big question to ask is, how did the gun get by Customs when he brought it in?!

    • Status Quo says:

      I agree!!!

      “He was attempting to leave the Island on a flight to Canada, but instead was arrested and held in custody until”
      Is anyone missing the point? He was leaving the country, what happened when he arrived? So clearly the technology is not as good at the airport as they say. This is the second story in a short period I can recall a matter like this has occurred. Please take all the guns with you, the ones you brought and the ones already here!

      • Sensible Boy says:

        Do they screen you heavily when you come in? Because under American law a checked gun is actually OK. So the authorities in the USA probably knew about the gun and allowed it as no law was being broken. For it to be detected in Bermuda, screening of incoming items has to be has rigorous as screening of outgoing items. This is probably not the case. We are very sensitive on what goes on a plane, so we are very insensitive to what comes off it, assuming it is already kosher. What is kosher in the USA may not be kosher elsewhere.

    • KMA!!! says:

      Answer is… Customs don’t search non ah d visitors that come here. They too busy searching the Bermudians. They would rather catch me with a pair of sneakers I haven’t declared than a man with an illegal weapon!!

  6. through the lens says:

    The more things change, the more they stay the same.
    Didnt a UBP MP get the same court sentence, when he pulled a rifle on his daughter.
    And they wonder why…..

  7. MR G says:

    I KNOW THIS MAN WAS LEAVING BERMUDA BUT EVEN IF HE WAS IN THE STATES AND HE HAD A GUN IN HIS CHECKED BAG N DIDNT DECLARE IT HE WOULD BE FINED BY THE TSA…..NOW IF HE HAD IT IN HIS CARRY ON BAG HE WOULD BE ARRESTED AND SPENT SOME TIME IN PRISON….I REALIZE THAT HE PROBABLY DIDNT MEAN FOR THE GUN TO COME HERE BUT IT CAME I THINK A HEAVY FINE WOULD HAVE BEEN JUSTIFED AS GUNS ARE OLLEGAL IN BERMUDA…YOU SHOULD KNOW THE CONTENTS OF YOUR BAGS END OF STORY….

    • Sensible Boy says:

      He couldn’t pay bail. Sure, fine him. Bermuda can pay for his jail time until he comes up with the fine.

      • MR G says:

        HE DIDNT HAVE A PROBLEM PAYING THE BAIL….WHEN YOUR AMERICAN YOU HAVE TO HAVE A LOCAL RESIDENT ADDRESS IN ORDER TO GET BAIL…AND YES FINE HIM IM SURE IF HE DIDNT HAVE THE MONEY HE WILL COME UP WITH IT..

  8. Just me says:

    How do we know he arrived with it?

    Maybe he was just picking it up and taking it outta de Island, shucks come on…..Are they really coming in with them?

    Hmmmmm, I wonder?

  9. stern says:

    Garbage! That man should have been dealt with but appears to have been discharged beacuse of his age and being a missionary. Nothing makes sence with this situation. If it was a young joe blow they would have still been behind bars. There is so much unfairness going on in this this world, Its tiresome. WHAT NEXT! a cannon! Wheel it right on the plane!

    • PEPPER says:

      This man because of his age should have know better…this man had ammunition and a gun !!! lord have mercy !!! our men are thrown in jail because of none payment to their family,…and this religious minister got away with this crime !!!!!

    • MR G says:

      WHEEL THE CANNON OF THE PLANE…..

  10. stern says:

    Excuse my typos!

  11. Real says:

    You all would rather pay $80,000 a year to house him at West Gate. Also, would you rather customs send everyone in the arrivals hall down to secondary to be inspected? How would you feel if you were the last person in line in customs and there were passengers from five full flights in the customs hall. Customs surely can’t search everybody. We would be there four hours after we collect our bags.

    • Tuba says:

      Real, that is the most sensible comment on this page. People are living in a fantasy world here.

  12. THE HELL says:

    not everyone who owns a gun is a criminal after back ground checks etc he was allowed to go Geesh get a grip people.

  13. Real Talk (original) says:

    So wait. A tourist with weed in their cabin on a cruise ship gets a $2,000 fine but a guy in possession of a gun (notwithstanding the fact that he was leaving the island) gets an absolute discharge?

    *scratching my head*

    Then again. I suppose he did have to spend time up Westgate.

    *still scratching my head*

  14. bermy yout says:

    so basically it depends who u r in other words then , if i woulda got caught carryin a tool anywhere airport goin out comin in or in any parish i bet u the outcome woulda been a whole lot different , if i woulda told them i found it or gave them any excuse u think they woulda believed me ,,i kno one thing i wouldnt be writing this comment right now,, the system is a joke ba ,,i guess it is what it is

  15. Mama Mia says:

    people bringing guns with them on vacation to Bermuda…i would too with the latest headlines. smart guy!