Businessman loses battle to have Privy Council hear his firearm revocation appeal

Businessman Robert Ivey has lost his legal battle to have his appeal of the revocation of his firearm licences decided by the United Kingdom Privy Council, Jamaica's final court.

Ivey's application for special leave to His Majesty in Council to have his appeal heard by the Privy Council was refused on Tuesday and legal costs awarded to the Firearm Licensing Authority, which was the defendant. 

Attorney-at-law Shane Dalling, who is Chief Executive Officer of the FLA, said Tuesday that steps will be taken to pursue the legal costs awarded by the courts.

In dismissing the application, His Majesty in Council ruled that “the permission to appeal should be reviewed because the appeal does not raise an arguable point of law.”

The Court of Appeal this year threw out Ivey's notice of motion for conditional leave to appeal to His Majesty in Council. 

Ivey, who was represented by attorney-at-law Hugh Wildman had sought leave on the grounds that there were fundamental points of law to be determined regarding the revocation of his firearm licences by the Firearm Licensing Authority (FLA) and that the FLA's Review Board was not in existence at the time of the revocation, as its membership had expired.

Attorney-at-Law Courtney Foster who represented the FLA, made written submissions opposing the application for special leave. Foster said there was no viability in Ivey's application because the FLA did not breach the Firearms Act.

In June 2021, Ivey made an application for permission to appeal in the Court of Appeal after Supreme Court Judge Audrey Lindo denied his application for leave to apply for judicial review and further, refused him leave to appeal that decision. 

Ivey's application for permission to appeal was dismissed by the Court of Appeal in November 2021 and Ivey was ordered to pay legal costs to the FLA.

The Court of Appeal ruled that Ivey had not demonstrated that the judge in the Supreme Court made any error in her decision to refuse leave to apply for judicial review.

The court ruled further that Ivey failed to demonstrate that the FLA had erred in procedure in revoking his licences. It ruled also that there was an effective alternative remedy available to Ivey to take the revocation issue to the review board or the Minister of National Security,

Ivey was first issued with a firearm user's licence by the FLA in 2012. He was thereafter issued other firearm licences.

After the issuance of those licences, an investigation was launched by the FLA in relation to allegations against Ivey. When the investigation was concluded, the FLA revoked Ivey's licences and ruled that he was no longer considered a fit and proper person to retain a firearm licence.

-Barbara Gayle

Follow The Gleaner on Twitter and Instagram @JamaicaGleaner and on Facebook @GleanerJamaica. Send us a message on WhatsApp at 1-876-499-0169 or email us at onlinefeedback@gleanerjm.com or editors@gleanerjm.com.