Flare gun queried as firearm

Marcus Steve Manderson appeared in Summary Court on Tuesday and told Chief Magistrate Nova Hall that he elected to be tried in Grand Court on a charge of possession of an unlicensed firearm. 

Since the choice of going to Grand Court requires a preliminary inquiry, defence attorney Lucy Organ advised the inquiry would be based on one simple point – whether the Crown had proved the item her client is charged with is a firearm according to the definition in the Firearms Law. 

Manderson is charged with possession of a modified flare gun in the Windsor Park area in the early hours of Sunday, 5 February. His first appearance in court was on 9 February, when Ms Organ’s application for bail was unsuccessful. Manderson turned 24 on 10 February. 

Senior Crown Counsel Tonya Lobban told the court that Emergency Services received information about a dispute involving an automatic weapon, with Manderson allegedly in possession of the gun. Officers attended the area, but did not locate Manderson at that time. 

They then parked elsewhere and walked toward the park from Anthony Drive. In the vicinity of Holmes Turn they saw Manderson and another individual.  

Ms Lobban said Manderson had a dark object in his hand that appeared to be a gun. When police shouted at him to stop, get down and show his hands, he ran. He was seen to throw something into a nearby yard. 

Officers continued to tell him to stop and he did. He told them, “It was just a spliff, sir.” 

The yard was searched and a brown and black gun was recovered close to the road and fence. The search continued for a spliff, but none was found. 

Ms Lobban showed photographs of the firearm. She said Manderson denied that the police showed him where the gun had been located. 

Ms Organ said gunshot residue and DNA tests would be important, but would take time. She said Manderson had no previous related convictions. 

The magistrate said the evidence of officers seeing Manderson throw an object was something that could be challenged, but it was sufficient at this stage to ground the charge. There could be no doubt, especially in the current climate in Cayman, that possessing an unlicensed firearm is a serious charge.  

“It is already known what type of sentences these offences attract,” she said.  

Manderson therefore had a strong motive to flee, she indicated in denying bail, she said. 

The preliminary inquiry was set for Tuesday, 28 February. 

The legal definition of firearm is lengthy and includes several types of rifles and handguns, but also includes “any lethal barrelled weapon from which any shot, bullet or other missile can be discharged or noxious fumes can be emitted” except for air guns of a type prescribed by the Governor in Cabinet.