Former government minister Dr. Kenneth Darroux has pleaded guilty to two firearm-related offenses under the Firearms Act of Dominica and was slapped with a five thousand dollar fine
The charges are that on January 16, 2024, he imported one Glock 19 barrel and also one Glock 17 slide without being the holder of a license to so do as is required under the Firearms Act.
The charges can be tried summarily or indictable at the High Court, but Dr. Darroux elected for a summary trial at the Magistrate’s Court.
Brief facts
Dr. Darroux is the holder of two firearms licenses for a Glock 19 firearm arm and both licenses are valid. He imported personal effects along with one Glock 19 barrel that arrived in Dominica on January 22, 2024.
When the package was being examined by the customs officer, he found a Glock 17 slide and one Glock 19 barrel. They were not declared by Dr. Darroux. They were seized and the matter was reported to the police.
On January 23, 2024, he was met at the Criminal Investigations Department (CID), admitted to the purchase but stated that since he was the holder of a firearms license, he thought that was sufficient for him to order the firearm accessories.
As a result, he was arrested and slapped with the two charges.
Mitigation
Defense counsel Lennox Lawrence told the court that his client has been the holder of a firearms license for the past 10 years and he honestly and genuinely thought that his “firearms license was sufficiently enough.”
“He formed a regrettably wrong view…this was not a full firearm, it only has components of a firearm, Lawrence told the court.
“There are no aggravating circumstances in this case, this is somebody who has not concealed anything from the police, he is a first-time offender who is saying to the court I am sorry.”
Lawrence told the court, that Dr. Darroux who is 53 years old and a medical doctor by profession is a genuine member of society and it will serve no useful purpose if he is given “a custodial sentence.”
“This is an outstanding member of the community, we are asking for special considerations but not special favours,” he said.
Dr. Darroux he told the court, did not waste the court or the police time and begged the court to “temper justice with mercy” since his client had made “a simple mistake.”
“We all make mistakes this matter should not have even reached the court, it should have been dealt with administratively,” he stated.
Lawrence told the court that his client should be “reprimanded and discharged” However, if the court is minded to impose a fine it should be “very small just to make a statement.”
On the issue of the public’s interest in the matter, he told the court that the public’s interest is not served by penalizing his client for crimes done by other individuals.
“He cannot carry the sins of other offenders” and urged the magistrate to “disregard anything said by the prosecution about public’s interest.”
Sentencing
In passing sentence, Magistrate Michael Laudat stated that he was not going to adhere to the sentencing guidelines since it was “not in the public’s interest.”
“Possession of a firearm is a serious offense and we see it escalating in Dominica and the Caribbean bringing an outcry to the society. I will not impose a custodial sentence since you are a first-time offender, fully co-operated and we did not have a protracted trial,” Magistrate Laudat said.
He also stated that “ignorance of the law is no excuse and the country has seen the prevalence of illegal firearms and the court must send out a clear message.”
For possession of the Glock 19 barrel, he was fined $EC3,000.00 to be paid forthwith in default 6 months in jail, and for the importation of the Glock 17 slides he was fined EC$2,000.00 also to be paid forthwith in default 6 months in jail.
The fines were paid and Dr. Darroux with his lawyers left the courtroom.
Lennox Lawrence and Jodi Luke represented him and the State was represented by Director of Public Prosecutions (DPP) Sherma Dalrymple and State attorneys Marie Louise Pierre Louis and Alieen Alexander.
Under the Firearm Act of Dominica, Dr. Darroux could have been fined EC$15,000.00 and be sent to prison for seven years.