Illegal ammo charge fails in courtState erred in confiscations and arrest The State was left red-faced when an Otjiwarongo magistrate ruled in favour of a farmer who had been charged with the illegal possession of ammunition after several errors were made. A charge of the illegal possession of 201 bullets strapped to a machine gun belt was dismissed during final judgement the Otjiwarongo Magistrate's Court on Tuesday.
Of the four separate charges filed against Otjiwarongo farmer Norman Alexander Campbell (54) last year, for the illegal possession of a total of 216 bullets found during a police raid of his farm Capricorn in April 2016, Campbell was found guilty of illegal possession of only seven of those bullets, stemming from two of the four charges.
Campbell was fined N$4 000 or 12 months behind bars for the illegal possession of six bullets for a .357 firearm for which he was not yet licensed, as well as one 84/12 live bullet.
The other two charges, one for the illegal possession of 8 DMW live bullets plus the 201 7.62x51-calibre bullets found clipped to a metal belt, which Campbell told the court he had not known was stored in his garage and had likely been transported there as part of his late father's belongings, were dismissed.
Campbell's advocate Danie Small yesterday told Namibian Sun that Campbell paid the fine shortly after judgement on Tuesday.
Otjiwarongo Magistrate Toini Shilongo dismissed the charge of illegal possession of 201 live 7.62x51-calibre bullets as well as a charge of illegal possession of 8 DMW live bullets against Campbell, citing trial testimony that Campbell was legally licensed for a .308 hunting rifle, from which the 201 bullets, if individually unclipped from the belt and inserted into the rifle, can be fired.
During final submissions earlier this month, public prosecutor Colleen Yisa conceded that the State had not been able to prove the case of illegal possession of the 201 bullets against the accused, primarily after a State witness conceded that the 7.62x51-calibre bullets are equivalent to the .308 ammunition that can be fired from Campbell's .308 hunting rifle.
During her judgement, Shilongo ordered the state to also return all items confiscated from Campbell's house during the police raid last year, including military clothing, backpacks and boxes.
The state conceded during final submissions of the trial that the exhibits confiscated from Campbell's farm, including camouflage jackets, canvas bags and storage boxes were irrelevant to the charges against the accused and should not have been confiscated by the police in the first place.
Small told the court during final submissions earlier this month that the police investigation had been marred by serious errors and had been “slapdash”. He contested the way in which a search warrant was obtained by the police, which he argued was provided based on hearsay evidence and not backed up by a signed witness statement.
Small warned that the fact that Campbell had not been read his rights, including the right to an attorney on his arrest, but only a day later, was further evidence of the problematic handling of the case from the start.
JANA-MARI SMITH
Of the four separate charges filed against Otjiwarongo farmer Norman Alexander Campbell (54) last year, for the illegal possession of a total of 216 bullets found during a police raid of his farm Capricorn in April 2016, Campbell was found guilty of illegal possession of only seven of those bullets, stemming from two of the four charges.
Campbell was fined N$4 000 or 12 months behind bars for the illegal possession of six bullets for a .357 firearm for which he was not yet licensed, as well as one 84/12 live bullet.
The other two charges, one for the illegal possession of 8 DMW live bullets plus the 201 7.62x51-calibre bullets found clipped to a metal belt, which Campbell told the court he had not known was stored in his garage and had likely been transported there as part of his late father's belongings, were dismissed.
Campbell's advocate Danie Small yesterday told Namibian Sun that Campbell paid the fine shortly after judgement on Tuesday.
Otjiwarongo Magistrate Toini Shilongo dismissed the charge of illegal possession of 201 live 7.62x51-calibre bullets as well as a charge of illegal possession of 8 DMW live bullets against Campbell, citing trial testimony that Campbell was legally licensed for a .308 hunting rifle, from which the 201 bullets, if individually unclipped from the belt and inserted into the rifle, can be fired.
During final submissions earlier this month, public prosecutor Colleen Yisa conceded that the State had not been able to prove the case of illegal possession of the 201 bullets against the accused, primarily after a State witness conceded that the 7.62x51-calibre bullets are equivalent to the .308 ammunition that can be fired from Campbell's .308 hunting rifle.
During her judgement, Shilongo ordered the state to also return all items confiscated from Campbell's house during the police raid last year, including military clothing, backpacks and boxes.
The state conceded during final submissions of the trial that the exhibits confiscated from Campbell's farm, including camouflage jackets, canvas bags and storage boxes were irrelevant to the charges against the accused and should not have been confiscated by the police in the first place.
Small told the court during final submissions earlier this month that the police investigation had been marred by serious errors and had been “slapdash”. He contested the way in which a search warrant was obtained by the police, which he argued was provided based on hearsay evidence and not backed up by a signed witness statement.
Small warned that the fact that Campbell had not been read his rights, including the right to an attorney on his arrest, but only a day later, was further evidence of the problematic handling of the case from the start.
JANA-MARI SMITH