Man has firearms case discharged – The Royal Gazette | Bermuda News, Business, Sports, Events, & Community

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Man has firearms case discharged

A man accused of handling a firearm has had his case discharged.

Senior Magistrate Archibald Warner ruled that the Crown holds insufficient evidence against Jahcai Daniel Morris for a jury to convict.

Mr Morris, 31, of Sylvan Dell Road, Paget, was charged on March 15 with having in his possession a 9mm Luger firearm between a date unknown and November 9. He is represented by lawyer Victoria Pearman.

The gun was earlier reported to have been found in the vicinity of Cobbs Hill, Paget.

Mr Warner noted that the Crown's only evidence was DNA left on the weapon, presented in four statements from DNA analysis expert Candy Zuleger.

In reviewing the case, he said Crown counsel Kirsty-Ann Kiellor had told the court that the defendant's DNA profile, “as found on the gun's trigger and handle, were in areas showing the defendant had significant contact with the gun, and must have had possession of the gun at some time”.

He concluded: “There being no direct evidence of possession, I find that inferences of DNA are inferences which, in my view, no reasonable jury could convict.”

In discharging the defendant, Mr Warner warned that “a discharge is not an acquittal” and said the Crown was entitled to bring Mr Morris's case before the courts again.

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Published March 31, 2011 at 2:57 pm (Updated March 31, 2011 at 2:57 pm)

Man has firearms case discharged

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