Kelon Fortune, a resident of Lower Estate, is charged with one count of illegal possession of a firearm and four counts of illegal possession of a prohibited weapon.

The court heard that sometime in February, police officers observed a black Suzuki Vitara vehicle travelling on a lone unpaved road to an orange-coloured residence in Havers Estate. The court was informed there are no other residential buildings in proximity.

The prosecution said on March 1, the police secured a search warrant for the house and the occupant. And during the operation, the police reportedly recovered a pistol and four prohibited firearms bearing various serial numbers.

The court was informed that Fortune was arrested later that morning and transported to the West End Police Station. When he was arrested, the police allegedly recovered a key for the Havers residence from the vehicle.

The prosecution said that during an interview with police, the accused stated he visited the Havers residence to see his cousin who resided there.

He allegedly said his cousin gave him a motor jeep before he departed the territory sometime in February 2022. The court heard that Fortune told officers he visited the property and removed two dogs to go to the veterinarian to be groomed.

The prosecution said he denied knowledge of the firearms and he refused to give DNA samples of his fingerprints.

Immigration Status

The court was told that Immigration had provided documents that showed the accused was overstaying in the territory as of September 17, 2021.

However, Fortune’s attorney Stephen Daniels said although the defendant is a Trinidadian, he has lived his life mostly in the Virgin Islands and he has Labour exemption. Daniels said the defendant returned to the territory sometime in August 2021 via a ferry from the United States and when he passed through Immigration they gave him his passport.

The attorney said he was surprised the prosecution said he overstayed his time as, from his instructions, Immigration did not stamp his passport. Daniel said it seems they relied on his exemption and allowed him to enter. Fortune’s attorney also produced a copy of his client’s passport page which was not stamped with an end date.

Daniels said that since August 17 when Fortune arrived in the territory, he was under the belief that he could have remained in the territory for six months because they did not stamp his passport.

Bail

The attorney said Fortune did not live at the residence and he was merely assisting his cousin with feeding and taking care of the dogs. Daniels said there is nothing personal at the home for his client.

In the bail application, his attorney said Fortune was married with two minor children and he was employed as an IT Technician and lived with his mother in Lower Estate.

However, the prosecution said his wife and children did not reside in the territory and from Fortune’s interview, he was not staying with his mother at the time, but he was sleeping in his car.

Magistrate Khadeen Palmer said Daniels did not establish strong enough social and family ties to the territory for him not to be a flight risk territory.

She said based on the charges, the public interest overvalues the constitutional right of liberty for the accused. As a result, she denied him bail.

The matter was adjourned until April 28.