In a gripping courtroom episode on August 18, 2023, Chief Magistrate Candia Carrette-George faced an impassioned appeal. However, this plea wasn’t enough to sway the court’s decision in imposing a non-custodial sentence on two men, Christel Germain, a 37-year-old from Montine Grand Bay, and Dejonne St.Rose, a 22-year-old hailing from River Street, Roseau. Their charges? Possession of a firearm and ammunition.
On this significant day, Attorney-at-Law Joshua Francis passionately represented the defendants, making an earnest plea for leniency in their sentencing. Nevertheless, the fate of Germain and St. Rose was sealed by the court’s judgment.
These individuals appeared before the Chief Magistrate on four firearm-related charges, opting for a summary trial at the Roseau Magistrate Court. Germain admitted guilt to possessing a Beretta 380 pistol and six rounds of .380 mm ammunition on August 15, 2023, in Fond Baron, Loubiere. St. Rose, on the other hand, pleaded guilty to having a nine-round 40mm capacity magazine and nine rounds of 40mm ammunition in his possession at Bath Road, Roseau.
Following these admissions, the men were remanded into custody and later reappeared in court on August 22, 2023, for the presentation of facts and sentencing.
Police Prosecutor, Sergeant David Andrew Jr., recounted the events of Tuesday, August 15, 2023. At approximately 1:50 a.m., Constable Prosper L. was on patrol duty in Fond Baron, Loubiere, accompanied by fellow officers. They intercepted a motorcycle with St.Rose as the rider and Germain as the pillion.
As they approached, Constable Prosper witnessed Germain discarding what appeared to be a firearm into the nearby bushes on the road’s western side. Subsequently, Germain was removed from the motorcycle and subjected to a search. The officer queried Germain about the item he had tossed aside, to which Germain replied, “Officer my weapon that there, a knife that there.”
Germain was then arrested under suspicion of firearm and ammunition possession, although he offered no further comments during his cautioning. The motorcycle was secured at the police headquarters. Later that morning, Germain was taken from his cell to the location in Fond Baron where he had jettisoned the suspected firearm. In the presence of Germain and other police officers, Constables Scotland and Prosper conducted a meticulous search of the area.
Their search bore fruit when they discovered a silver and black Beretta 380 Pistol with a scratched-off serial number in the nearby bushes. When asked about the firearm, Germain replied, “I don’t know nothing about that.”
The legal proceedings continued on August 16, 2023, with Constable Scotland and his fellow officers searching the impounded motorcycle. During the search, a magazine containing nine rounds of .40mm ammunition was discovered beneath the pillion seat. Again, both Germain and St.Rose disavowed knowledge of these items.
In delivering her sentence, Chief Magistrate Candia Carrette-George acknowledged the rising concerns surrounding gun-related crimes in Dominica. She felt compelled to send a strong message to potential offenders. Although the maximum penalty for their offenses is a $100,000.00 fine or a 15-year imprisonment term, Magistrate Carrette-George chose not to impose a non-custodial sentence.
Instead, she established a starting point of 40% of the maximum custodial sentence and applied a 1/3 discount for their guilty pleas. Additional time was deducted for their good character, genuine remorse, and cooperation with the police. Thus, the court’s sentence stood at two years and six months, with an additional six months removed from St. Rose’s sentence due to his youth.
Upon receiving their sentences, both men wept, fervently pleading for a second chance at freedom. St.Rose even resorted to kneeling before the Magistrate, prompting police officers to intervene physically. Attorney-at-Law Joshua Francis, representing Germain, made an earnest plea for leniency during the sentencing hearing. He urged the court to consider Germain’s role as the sole provider for his two minor children, emphasizing their emotional and psychological reliance on him. According to Francis, Germain had cooperated fully with the police and displayed genuine remorse. Similarly, Francis advocated for leniency toward St. Rose, highlighting his positive contributions to his community as a youth involved in sports and his difficult family circumstances. He beseeched the court to focus on rehabilitation rather than incarceration for these first-time offenders, stressing the lack of available resources for rehabilitation in the state prison system.
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