Bailiff discontinues court action against national security minister

A bailiff has discontinued a claim he had filed in the Supreme Court in February against the Minister of National Security Dr Horace Chang after he was informed that the review panel of the  Firearm Licensing Authority has approved his application for a gun permit.

The notice of discontinuance was filed on Friday in response to the letter, dated July 13, which outlined the conditions that should be followed before the firearm was purchased.

The bailiff who was represented by attorney Lemar Neale of the law  firm NEA/LEX was seeking court orders to quash the minister's decision contained in a September 22, 2022 letter declining to hear and determine his application for a review of the decision of the FLA.

He was also seeking an order from the Judicial Review Court to compel the minister to hear and determine his application for a review of the decision of the FLA denying him a firearm user's licence.

The applicant contended that in August 2018 he submitted an application to the FLA for a firearm user's licence.

The reason outlined for the use of  a firearm was the nature of his job, which included executing court processes and collecting large sums of money. He also stated that he had at times come in contact with violent individuals and been attacked.

The FLA sent a letter on May 18, 2021 denying the application and contending that he “cannot be considered for a licence at this time as he has an outstanding matter before the court.”

He next applied to the Review Board which failed to consider his application for a review within the statutory time limit or at all.

In May 2022, the applicant submitted his application to Chang to review the FLA's decision but by a letter dated September 26, 2022, the minister declined to hear and consider his application.

He said in court documents that he had a legitimate expectation that the defendant would have considered his application and granted him a hearing given the fact that the Review Board failed to do so.

The bailiff disclosed that the matter which he had in court was disposed of in his favour on May 17, 2021 as no evidence was offered against him and he disclosed the outcome to the investigator at the FLA that same day. He said he was charged in May 2020 with fraudulent conversion at the insistence of his ex-spouse and the accusation was motivated by his decision to end their relationship.

He said he was surprised that, although he told the investigator the outcome of the case, he was told on May 27, 2008 to collect a package from the FLA and when he did so on May 28, 2021, in it was a letter dated May 18, 2021 saying that his application was denied because of the court matter.

Attorney- at-law Kristina Whyte from the Attorney General's Department represented the minister.

-from Barbara Gayle

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