Firearms charges against Swiss national dismissed, and weapons forfeited to the government. Sixty-one-year-old Swiss national, Ernard Gerber, was charged with possessing a large cache of firearms and ammunition which were not declared to the government in a 20-feet container which he imported into Dominica. The case against him has been dismissed because the prosecution failed to prove the case against him. His weapons are forfeited to the government.
The Customs at a tipoff stormed Gerber’s home in Jimmit on October 18 for inspections. A former soldier, Gerber’s 20-feet container was found to contain an assault rifle, a carbine rifle, 97 rounds of 9mm ammunition and 4 rounds of .22 ammunitions. These were seized by Customs since they were not declared to the authorities when Gerber shipped his container into the country. The Customs notified the police of the matter.
The police, armed with a search warrant on October 26, stormed Gerber’s residence and discovered 100 rounds of .22 ammunition and 5 rounds of 7.5 ammunition which he agreed all belonged to him. He was charged together with his Swiss girlfriend, Brigitte Muller, for possessing illegal firearms and ammunition.
They were charged for importing and possessing 80 rounds of 7.5 mm ammunition, 97 rounds of 9mm ammunition, 4 rounds of .22 ammunition, 5 rounds of 7.5 ammunition and 100 rounds of .22 ammunition without any firearm import license or firearm possession license. At arraignment, Gerber pleaded guilty to the seven charges but girlfriend Muller pleaded not guilty, so the charges against her were dropped.
As the case progressed, Gerber’s defense attorney, Wayne Norde, called for the charges to be dropped because the prosecution failed to ask the defendant if he actually possessed a valid license for the firearms and ammunition before charging him. Norde said the police failed in their duty to demand if Gerber had licenses and they did not bother to check if he had any.
“From the facts presented by the prosecution; they did not prove if the defendant had a valid license,” Norde told the court. “He was not asked if he had one and they did not inquire…no checks were made by the police to find out if he had a firearms license.”
The prosecution led by Sergeant Innocent Toussaint said Gerber did not contest that the firearms and the ammunition or the container in which they were shipped belonged to him; and he did not reveal if he had licenses for importing or possessing them.
Magistrate Asquith Riviere castigated the police for failing to demand from the accused if he had the required licenses. He blamed the police for assuming he did not have them. He said Gerber’s guilty plea notwithstanding, the police failed to ask him if he had the licenses.
“He was not asked if he has a firearm and or ammunition license…the police was supposed to ask,” Riviere stated. “The burden of proving its case never shifts and if they fail to prove, the case falls, notwithstanding the guilty plea.”
The magistrate said Gerber said nothing about having or not having a license because he was not directly asked. And as the defendant, “he is under no obligation to provide incriminating evidence against himself”. Riviere said the prosecution failed to prove its case beyond reasonable doubts, and so the charges against Gerber are dismissed and his cache of weapons forfeited to the government.
This article is copyright © 2019 DOM767
