Huw Shepheard, the Director of Public Prosecutions, has made a further statement over the weekend on the case of Kevin Bingham, following his decision not to proceed with a prosecution for illegal possession of a firearm. A picture of the AK-47 rifle, recovered following a dive by Mr Bingham at The Hole in Providenciales, has now been published onwww.facebook.com/UKinTCI.
It shows a weapon in what is described as extremely poor condition. The DPP made his decision not to proceed with the case because in his judgment the defendant did not intend to use it for any criminal purpose. In the interests of further understanding by the public and media a number of additional points of clarity have been published. RTC’s Chris Jarrett has more details.
Director of Public Prosecutions says Bingham was charged by the Police and his decision not to proceed with a prosecution was reached following a request by Bingham’sdefence lawyers. Huw Shepheard’s additional information focuses on the condition of the gun which was recovered by Binghamon November 11th.
He did not report its discovery to the police and four days later they took possession of AK-47 after going to his house with a search warrant. Binghamtold the police he had found the gun while diving to retrieve a friend’s wallet.
In describing the gun the DPP says most of the magazine has rusted away and the spring that would ordinarily feed cartridges into the breech – when the weapon is being fired- is clearly hanging out loose.
The pistol grip has completely disappeared. The wooden grip normally found in front of the magazine has gone, making the holding of the weapon very difficult and risky.
The sheet metal parts that shield the mechanism are badly corroded and there is no way of knowing what damage may have been done inside without dismantling the weapon. The covering for the spring that absorbs the recoil and re-cocks the weapon when it is fired is gone, and the spring is exposed; the spring shows signs of corrosion.
The DPP saidit did not appear the weapon could readily have been made to fire, and it did not appear that any ammunition was recovered. Bingham, he said, was seen to recover the AK-47 by a number of people present at that time.
The worst that could be said of Bingham’sconduct on the evidence was that he displayed a total failure of judgment – but there was no evidence of any real criminal intention.
The DPP said had no personal knowledge of the individual and presented with the same set of facts he would stop a prosecution against any person regardless of age, sex or colour. This is Chris Jarrett reporting for RTC.
