Two men were jailed after pleading guilty to charges of illegal possession of a firearm and ammunition without a license.
Christel Germain aged 37 of Montine Grand Bay and Dejonne St. Rose 22 years of River Street appeared before Chief Magistrate Candia Carette George where the charges were read to them.
They were represented by Joshua Francis of HAJ Law Chambers. Sergeant David Andrew Jr prosecuted on behalf of the State.
Brief Facts as given in court
On Tuesday, August 15, 2023, at about 1:40 am Police Officers were on patrol duty at Fond Baron Loubiere and had reasons at about 1:50 am that same day to intercept motorcycle #TP980 with St. Rose as the rider and Germain as the pillion.
While approaching the motorcycle, the police saw Germain throw what appeared to be a firearm in the nearby bushes and on the western side of the road. He was removed from the bike and searched and asked “What did you throw away” and replied, “Officer my weapon that there a knife.”
He was arrested on suspicion of possession of firearms, taken to Police Headquarters and then to Grand Bay, and placed in police cells, the Motorcycle was kept at Police Headquarters for safekeeping.
According to the police, at about 8 am that day, he was removed from the cells and taken back to the scene at Fond Baron Loubiere where a thorough search was conducted in his presence during that search one silver and black Beretta 380 pistol with the serial number scratched off was found in the nearby bushes on the Western side of the road it contained 6 rounds of 9mm ammunition.
When confronted by the police and asked what he knew about the firearm he replied, “I don’t know anything about that.”
As investigations into the matter continued, on August 16, 2023, at about 10:05 am in the presence of St. Rose and Germain at Police Headquarters where the motorcycle was kept the police conducted a search of the motorcycle and during that search, one magazine containing 9 rounds of .40 ammunition was found under the pillion seat, they were both cautioned and asked what if anything did they have to say about it and Germain stated “I don’t know anything about that” and Dejonne responded, “call my lawyer Joshua Francis for me.”
They were then both informed by the police that they were being arrested and charged with possession of a firearm and ammunition and were both formerly cautioned.
Both men pleaded guilty to the charges before Chief Magistrate Candia Carette George when the charges were read to them.
Plea in Mitigation by Lawyer Joshua Francis
In his strong and passionate plea in mitigation on behalf of his clients, Francis told the court that Germain is the father of two young children aged (10 and 14), and resides with his mom who along with his children are solely dependent on him. “He is a construction worker and not known to be a troublemaker, he is a man with a positive disposition and has lived a peaceful life in his community.
“He is contrite, has fully cooperated with the police, has not wasted the courts time, and has accepted full responsibility for his action, we beg for a none custodial sentence, yes the court wants to send a clear message but the court also has a responsibility to help and a custodial sentence will not help his rehabilitation since we have no systems in place in the prison to deal with such,” he said.
“He is saying I am sorry and needs a second chance, he is also a first-time offender, look at a reasonable fine and time to pay or even a suspended sentence,” Francis stated as he mitigated on behalf of Germain.
His mitigation on behalf of 22-year-old St. Rose centered on the fact that he had lost his biological mother at a very tender age and is gainfully employed and before that incident had lived “an unblemished life.” “His father has suffered two strokes, he is also a basketball player, has not wasted the courts times fully cooperated with the police, is remorseful, and has great regrets for his actions, he was just at the wrong place, wrong time with the wrong company,” Francis stated.
Francis also told the court that the bike in question is not owned by St. Rose and he was riding a “bike of darkness but he has taken full responsibility for his action and asking the court to “be merciful on him.”
“He is young and has expressed genuine remorse…presently, young men are falling down the precipice but we need to help them, we are not asking the court to brush the matter aside but we beg for mercy from the court,” he concluded.
Sentencing
Before handing down the sentence of the court, Chief Magistrate Carette George praised Francis for his “strong, eloquent and passionate” mitigating plea on behalf of his clients. “Mr. Francis, I don’t think that you could have done a better job,” the Chief Magistrate told him.
“You asked the court not to impose a custodial sentence…but the court must look at all that is happening in Dominica, these are serious matters and a strong message must be sent by the court,” she said.
She reminded them that the offenses for which they were charged and had pleaded guilty carries lengthy jail sentences and fines but the court is of the view that the punishment deserves a “custodial sentence.”
She gave both the 1/3 discount for guilty pleas and also discounts for first-time offenders and said both looked remorseful and had cooperated with the police and so got a further discount. “You both pleaded guilty to two firearm-related offenses, I have to take into action the seriousness of the offense and while you both are of good character the amount of ammunition is more than five rounds which attracts a custodial sentence,” she said.
St. Rose was sentenced to 2 years in jail and Germain to 2 years and six months. St. Rose wept openly in court and went on his knees begging for a second chance. “Your Honour please, don’t send me to jail,” he begged on his knees with hands clasped as if praying, but that fell on deaf ears as the court had already passed its sentence and ordered the police to “take him away.” His co-accused Germain also cried while being led away.
