Former policeman to challenge revocation of firearm licence

Former policeman Shaniel Miller has been granted leave to go to the Judicial Review Court over the revocation of his firearm licence.

Miller will be asking the court to quash the decision by the Firearm Licensing Authority (FLA) to revoke the permit in April 2019.

Supreme Court judge David Batts yesterday granted Miller leave to apply for judicial review.

Miller, who said in his affidavit that he is a night auditor, security trainer and private investigator, has named the Firearm Licensing Authority, the Review Board and the Minister of National Security as respondents in the matter.

Miller stated that the licence was revoked on the basis that he was no longer fit and proper to be entrusted with a firearm.

He next applied to the Review Board and waited for almost two years before there was a response in July this year that his appeal was denied.

He said he was also informed that the national security minister had advised the board to deny his appeal.

Attorneys-at-law Hugh Wildman and Indira Patmore, who are representing Miller, said their client will be asking the court to quash the revocation order on the basis that it was procedurally improper, null and void and of no effect.

They said a declaration is being sought that the decision of the minister to accept the recommendation of the review board, which did not give the applicant an opportunity to be heard, is unlawful and null and void.

Revocation 

Miller said in court documents that the licence was first granted in 2013 and he had renewed it successfully three times.

In 2017, he was summoned to the office of the FLA and was interviewed as to his connection with a certain individual.

He said upon the conclusion of the interview and a visit to his home, his firearm was returned.

It was seized then as a procedure during the investigation.

The applicant said in May 2019 he received a letter that his firearm was revoked.

He disclosed that in 2011 while he was a policeman, a man who he had arrested in connection with a shooting incident visited his home.

On seeing the uninvited man with a firearm and knowing that the man had threatened him, he said he pulled his service pistol and fired in the man's direction.

He said he was in fear for his life when he fired at the man.

The Independent Commission of Investigations (INDECOM) investigated the 2011 incident and recommended in May 2019 that no criminal charges be laid or no departmental action taken because he had acted lawfully.

He said in October 2017 he was questioned by the FLA about his connection with a certain man and woman.

He was further questioned about his assets and asked whether he was involved in any illegal activity.

The firearm was returned at the end of the interview and he successfully renewed his licence in 2018.

He said when the licence was revoked in May 2019 he tried to ascertain the reason for the revocation.  

He said his request was met on “deaf ears.”

The applicant said he was simply told that he was not fit and proper to be entrusted with a firearm.

A date is to be set for legal arguments to be heard in the matter.

- Barbara Gayle

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