By Tahna Weston
A decision by the Office of the Director of Public Prosecutions (DPP) has resulted in the 15-year-old student who allegedly took a firearm onto the compound of the Clare Hall Secondary School walking free of the charge.
The teenager was initially charged for using a firearm in the furtherance of an offence, to wit assault. That charge was later amended, stating that he did attempt to use the weapon in the furtherance of an offence.
The young man appeared before the Child Justice Board yesterday and based on the advice from the office of the DPP, the charge was withdrawn and the case dismissed.
A source told Observer that the DPP’s office wrote to the police in late January as follow-up to a letter received from the police earlier that month with regards to the case.
According to the source, it was determined by a Crown Counsel that the evidence on which the police sought to rely was insufficient to support the charge against the teenager.
It was also noted that his actions and what he allegedly told friends failed to prove he attempted to commit a criminal act under section 13 of the Firearms Act.
During their investigations, the police did not find the alleged gun — even though the teen admitted to having the weapon — and there have been no other claims that the weapon was used to commit any other offences. Therefore the DPP’s office is contending that the evidence which the police is presenting does not support the charge for simple possession of the gun.
Based on its findings the DPP’s office discontinued the matter.
Attorney Peyton Knight, who has been representing the teenager, told our newsroom that he is happy with the outcome of the case.
Knight commended the Office of the Director of Public Prosecutions for carefully studying the case file and making this bold decision.
“It shows that there is still justice in the state as long as you are willing to fight for it at the end of the day. He had nobody to fight for him except me because I saw the injustice in this matter. We are happy that the matter has been dismissed and he now has to try and rebuild his life, rebuild his future and be a productive member of this society. And we are happy that he is back in school,” Knight said.
The attorney deems the situation with his client as a miscarriage of justice as he chastised the police force for its handling of the case.
“Now the question is, where is the firearm? And my position as I’ve always said is that the police force knows exactly where this firearm is. If there was a firearm the police would have known where the firearm is.
“And within an hour of the school being locked down [the police] was able to come to the public and say that there is no threat to the public. If there was an issue, why would [they] come and say such a thing?” Knight queried.
The attorney said he is contemplating taking action against the Commissioner of Police for the manner in which the matter was conducted.
The incident stemmed from reports on Friday, September 27, 2024, sometime after midday when the teenager was reportedly spotted with a firearm. An alarm was raised and the school went into an immediate lockdown for several hours, during which students were prohibited from leaving the compound.
Police also carried out investigations and an extensive search of the compound.
The teenager was taken into custody the same day and subsequently charged. He spent some time on remand at His Majesty’s Prison after his initial appearance before the Child Justice Board. An application was made in the High Court twice and he was granted bail on the second attempt.
The young man still has another court matter as his mother is challenging his expulsion from the public school system. That matter has been sent for mediation before the Master of the High Court and is set to come up in April.
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