Officer Dwayne Williams appeared before Magistrate Clifton Warner charged with possession of a firearm with intent to cause fear. He was represented by defence attorney Oliver Smith and Principal Crown counsel JoAnne Meloche represented the prosecution.
Smith argued that the charge should be dismissed as a police officer cannot be charged with this offence whilst in the performance of his duty. He also charged the prosecution with abuse of process in that they delayed the case from being heard in a timely manner.
Ms Meloche told the court that on November 5 2008, Williams and other officers went into a bar in search of illegal immigrants. Patrons at the bar were presenting their work permits to the officers but Williams threw them aside saying, ‘I don’t care about that’.
He then whipped out a firearm that was not issued to him by the Government and fired a shot into the ceiling. “It was a criminal act. It was unprompted,” she told the Magistrate.
The prosecutor felt that the charge should not be dismissed as it was appropriate and based on evidence from witnesses she intended to call.
Magistrate Warner adjourned the matter until May 2 when the prosecution is scheduled to present the court with case laws in support of their position.
