Exeter files application to review revocation of firearm

Arguments will continue next Thursday, February 11 in relation to an application filed by NDP candidate Benjamin Exeter before the High Court, for judicial review of the revocation of his firearm license and for an order compelling the Commissioner of Police to immediately return his firearm, license and ammunition.{{more}}

Yesterday, Exeter’s lawyer Emery Robertson put forward arguments before Justice Brian Cottle against the decision by a tribunal to revoke Exeter’s license to hold a firearm.

Named in the judicial review are Permanent secretary in the ministry of national security and chairperson of the firearms licensing board Godfred Pompey, commissioner of police (COP) Michael Charles and attorney general Judith Jones-Morgan.

According to Robertson, the tribunal that revoked Exeter’s license erred in law when it revoked the license; that the tribunal failed to furnish Exeter with any reason for their actions; and that the tribunal exceeded its authority.

Robertson is also claiming that the charges brought by the Commissioner against Exeter arising out of the event of December 29, “in so far as they relate to the firearms charges and related events should not be heard until the application for judicial review is heard by issuing and Order of Prohibition.”

Exeter was granted the license to carry a 9 mm Glock 26 firearm on August 12, 2015. The license was revoked on December 30 and according to Exeter,

“I am aggrieved by this order and it is contrary to law and is in breach of Section 12 of the Firearms Act 386 and I am seeking to have the Order of Confiscation made against me squashed and a further Order directing the return to me of my firearm.”

Exeter said that he is desirous of having his license returned as he has, “property and person” to protect and has never done anything whatsoever with the firearm to justify him losing his license.

Robertson also argues that his client felt judicial review of the revocation was more appropriate than an appeal to Cabinet as what is in question is “the exercise of executive authority which could only be corrected by judicial intervention.”

“The Applicant is afraid that unless he has legal intervention in regard to the order of revocation and for surrendering his firearm that any appeal to Cabinet would not be successful,” Robertson said.

Coming out of the December 29 incident outside Parliament, Exeter, although he had a license to carry a firearm, was charged under Section 14 of the Public Order Act that being present at a public meeting outside the House of Assembly that he had in his possession an offensive weapon, to wit, a firearm, otherwise that in pursuant of Lawful Authority.

Robertson said also that Exeter has instructed him to file a complaint to the COP against two police officers whom Exeter alleges assaulted him on December 29 and beat him while in Police custody. (LC)