Bail refused for man charged with possession of imitation firearm

Bail was refused Monday for a man arrested on Friday night for possession of ganja and what appeared to be an unlicensed firearm.

The gun was tested over the weekend and shown to be inoperable. Daric Donan Ebanks was subsequently charged with possession of an imitation firearm with intent to commit an offense, namely supplying ganja. He was also charged with possessing ganja with intent to supply.

Magistrate Valdis Foldats remanded Ebanks in custody after seeing a photograph of an Orion flare gun, which was painted black. He asked if the gun had been tested. Crown counsel Candia James replied that it had been, and was found to be inoperable: that was why he was charged the imitation firearm offense.

The magistrate accepted that it was an imitation, but indicated that a person at whom the gun was pointed would not know that.

Ms. James told the court that police received a report of a person acting suspiciously at a restaurant on Watercourse Road, West Bay. They responded and saw Ebanks walking away hurriedly.

They shouted at him to stop, but he did not. As the officers gave chase, they saw him throw a white plastic bag and a dark object into the bush.

Ebanks was apprehended and the area was searched.

Ms. James said officers recovered the gun and five plastic bags of vegetable matter resembling ganja. Ebanks denied knowledge of both the gun and the ganja.

Following his arrest, a search warrant was obtained for his home. In his bedroom, officers found a black and orange modified flare gun and nine glass jars that had ganja residue in them.

Defense attorney Prathna Bodden said Ebanks, 30, had been dealt with by the court in the past week or two for drug charges [he received a non-custodial sentence] and he had heard the magistrate’s warning loud and clear at that time. He denied knowledge of the items in this case and said the jars found in his room were old.

Ms. Bodden told the court that Ebanks had been in the area of the restaurant because he went to get something to eat and then went out back to use the bathroom.

She urged the court to consider a 24-hour curfew because Ebanks was a witness in two cases in which he had been the victim of a violent attack and those two defendants were in custody. She also referred to her client’s medical issues.

The magistrate said he would ask the Crown to make prison officials aware of the issues.

Ms. Bodden said if she could get the documents in the case in time, she could visit Ebanks in custody and come back to court on Tuesday, Sept. 27.

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