‘Dinky’ walks free

The remaining charge of possession of ammunition without a licence brought against Cameron “Dinky” Balcombe, New Democratic Party (NDP) candidate in the next general elections, was dismissed earlier this week at the Serious Offences Court.{{more}}

Chief Magistrate Sonya Young found Balcombe not guilty on Wednesday, August 5th of possession of 13 rounds of .22 ammunition, after his lawyer Dr Linton Lewis, made a one and a half hour submission on his behalf. On June 18, 2009, Balcombe and his father Alison were jointly charged with having 13 rounds of .22 ammunition and two rounds of 12-guage shotgun ammunition in their possession without a licence.

The charge against Alison Balcombe for the .22 ammunition was dismissed at an earlier sitting of the court, but he had pleaded guilty to possession of the shotgun ammunition and was fined $600. The charges against Cameron for the shotgun ammunition were also dismissed earlier.

Speaking outside the courthouse, a visibly relieved Balcombe told SEARCHLIGHT that justice was done and that he was happy his name was cleared of the charges brought against him. “It has brought me and my father a great deal of inconvenience and also members of my political party,” he noted. The Georgetown resident also said that it shocked him that his arrest came only two days after he was ratified as candidate for the NDP in the North Central Windward constituency. “I was really surprised about all of this and seeing I was charged and nothing was found in my possession, makes it very strange,” Balcombe added.

Despite the incident, Balcombe says he remains confident that the allegations leveled against him will not in any way hamper his candidacy. “I have received a flurry of emails and phone calls since I was charged and I can say that even persons who have supported the Unity Labour Party, supported me too,” he revealed.

When the month old trial reconvened on Wednesday, Dr Lewis called United States Air Force retiree, Robert Williams to give evidence. Williams, of Arnos Vale, told the court that he, along with Cameron Balcombe had gone hunting about two weeks prior to the incident and he had misplaced the .22 ammunition, which he said belonged to him (Williams). “I told Balcombe I had been missing some ammunition and he (Cameron Balcombe) called me the Wednesday and said that he found them,” Williams stated. He also added that he told Balcombe that he would pick them up when he got the opportunity.

In his submissions, Prosecutor Inspector Nigel Butcher said when police officers went to Balcombe’s home, he was cautioned. Butcher said Balcombe responded: “It was Robert Williams who left them in my jeep, therefore I am responsible.” Butcher further pointed out that in Balcombe’s evidence, he said it was the mechanic who was fixing his vehicle who discovered the ammunition under the vehicle seats. However, the ammunition was found by police in an ornament in Balcombe’s father’s room.

Butcher added that both men went hunting on June 17th and police found the ammunition the next day. “Balcombe is not being truthful when he said he found the ammunition on the 17th…no report was made to the police of missing ammunition and he knew that he did not have a licence to keep them, but yet he did,” Butcher submitted. Butcher said he believed that Balcombe had the bullets two weeks prior to the incident and that he had enough time to hand them over to the police or Williams.

Responding to Butcher, Dr Lewis, who focused mainly on the issue of possession in his submissions, said there were doubts in the prosecution’s mind from the beginning of the case. Lewis said the police only went to Balcombe’s father’s bedroom to execute the search warrant. “The fact that Balcombe had told the officers that it was his responsibility, doesn’t amount to guilt, but rather a confession,” Lewis indicated. The attorney further noted that only part of what his client told the police was given in evidence in court.

Police carried out the search warrant at the home of the Balcombes following an allegation of a threat made by Alison.

Lewis said Balcombe gave his father the ammunition wrapped in pieces of newspaper after he (Balcombe) received them from the mechanic who found the bullets under the seat of Balcombe’s vehicle on June 17. “The reason he passed them over to his father means that he had no interest and had the barest of custody,” Lewis added.

The attorney says it was rather interesting that the prosecution never established if he was in possession of the bullets, but only operated on a statement, which he gave. “It is clear from the evidence that Cameron Balcombe did not have physical custody of the ammunition…the responsibility that my client was referring to was that he handed over the bullets and he did not incriminate himself,” Lewis asserted.(KW)