Crane operator loses appeal to clear name in gun possession case
Published:Sunday | February 20, 2022 | 12:10 AMBarbara Gayle - Sunday Gleaner Contributor
A Kingston man placed on probation for a year for illegal possession of firearm is relieved that his ordeal took place before the amendment to the Firearms Act, which proposes a mandatory minimum of 15 years imprisonment for illegal possession of firearm.
When Albert Paulton pointed to a “sweetie pan” in his room about 6:30 a.m. on July 3, 2013 and told the police that a man in his community named 'Zeeks' had just given him a gun to stash, he thought that would have been the end of the matter.
The police had actually seen a man leaving Paulton's room and took him back to the room.
On seeing Zeeks and the police, Paulton showed the police where the gun was hidden.
Paulton was charged with illegal possession of the said firearm and illegal possession of ammunition. The case went to trial and Paulton was convicted in June 2018 of the charges. He was sentenced in September 2018 to 12 months probation for illegal possession of the firearm and two months probation for illegal possession of the ammunition.
The judge did not send him to prison based on his antecedent and a social enquiry report.
But Paulton, a 53-year-old businessman and crane operator of a Kingston 11 address, was far from happy with the outcome of his case.
He appealed his conviction and last month, the Court of Appeal upheld the conviction and sentence.
The gun has been the main weapon of choice for murderers across the island, snuffing out the majority of the more than 1,400 lives taken last year and causing injury to hundreds more.
Shootings are also prevalent, with more than 145 incidents recorded within the first 46 days of this year – up to February 15.
The Firearms (Prohibition and Regulations) Act tabled earlier this month is proposing that a person convicted of illegal possession of a firearm must serve at least 15 years in prison before becoming eligible for parole.
The maximum penalty of life in prison remains.
There is currently no minimum sentence for firearm possession, which means judges have to use their discretion consistent with the sentencing guidelines.
National Security Minister Dr Horace Chang said the Government was anxious to enact the new law – a deliverable under the Crime Oversight Monitoring Committee – which will first be reviewed by a joint select committee.
Opposition Leader Mark Golding has also welcomed the introduction of the bill, stating, “As long as we are operating within the confines of our Constitution, matters which are seriously affecting the safety of the nation must be met with a serious and appropriate and proportional response.”
Last week, Peter Champagnie, QC, who instructed attorney-at-law Samoi Campbell in Paulton's appeal, said that he agreed with the observation of the appellate court that Paulton's case represented a most unusual set of circumstances.
“It is proof of the fact that it is not in all cases involving illegal firearm that severe penalty is warranted,” noted Champagnie.
He said Paulton's case demonstrates the reality that takes place in certain inner-city communities, where law-abiding citizens are sometimes forced to hide guns for criminals and do so out of fear for their lives. He said that was the situation in Paulton's case.
Champagnie explained that the proposed legislation does not take into account transient possession, that is to say, where an illegal firearm is foisted on a law-abiding citizen in circumstances where the possession of it is only a few seconds before the police intervene.
The social enquiry report stated that Paulton was gainfully employed since he graduated from the Haile Selassie High School in Kingston, and that community members were shocked to learn that he was charged with a criminal offence.
Paulton had said in his defence that Zeeks had threatened to kill him if he did not follow his directives and “lock” the weapon.
Several grounds of appeal were filed and it was also argued that the trial judge erred in her finding that the defence of duress was not raised sufficiently.
Prosecutors Adley Duncan and Monique Scott submitted that the convictions should not be overturned because the judge made a finding of fact, which she was entitled to do. The prosecutors said custody and control for a short period can constitute possession.
The court, in dismissing the appeal last month, said Paulton had failed to demonstrate that the judge erred in refusing his no-case submission, rejecting the defence of duress of circumstances or assessing the evidence as to the elements of possession. The court said Paulton's sentences shall be reckoned as having commenced on September 14, 2018.