NASSAU, BAHAMAS – The Court of Appeal has overturned a man’s firearm and ammunition convictions after finding that the magistrate made conclusions that were not supported by evidence.
Guesson Joseph had been sentenced to three years in prison after police claimed he threw a loaded 9mm pistol behind a wall as a patrol unit approached.
The incident allegedly happened at Third Street, The Grove, on January 11, 2023.
Joseph denied having a gun or throwing anything. He said he was on the wall to get Wi-Fi from a nearby home.
The Magistrate accepted the prosecution’s case, describing the evidence of the police officers as credible and unshaken.
However, Court of Appeal President Justice Evans said the Magistrate failed to address the officers’ credibility.
One officer claimed Joseph admitted owning the gun. Another officer, who was present, said he heard no such confession.
The Magistrate also concluded that the gun had been recently thrown behind the wall because it had no dirt on it.
The defense had argued that someone else could have placed the gun there long before it was discovered.
However, the Appeal Court noted that no witness had testified about the condition of the gun to support the Magistrate’s conclusion.
The Court of Appeal ruled that the convictions were unsafe and overturned the sentences.