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#PatrickPowellTrial: Request for acting Deputy Commissioner to testify denied

Published:Wednesday | May 31, 2017 | 12:00 AM

Prosecutors in the trial of businessman Patrick Powell for alleged breaches of the Firearms Act this morning revealed that they would not accede to a request by defence attorneys to have acting Deputy Commissioner of Police Ealan Powell to give evidence.

Assistant director of public prosecutions Yanique Gardener Brown, who is the lead prosecutor in the case, also revealed that she would not be calling senior police investigator Frank Buchanan to give evidence.

The disclosures were made in the Kingston and St Andrew Parish Court as the long-delayed trial got underway.

The businessman is charged with failing to turn over his licensed firearm and ammunition for inspection in breach of section 39, subsection 4 of the Firearms Act.

He entered a formal plea of not guilty after prosecutors read out the allegations against him.

The businessman was charged amidst a police investigation into the shooting death of 17-year-old Kingston College student Khajeel Mais in 2011.

DCP Powell was the person supervising the investigation while Buchanan was the lead investigator.

Attorney-at-law Deborah Martin, who is representing the businessman, indicated in court yesterday that in the days after Mais' death DCP made public statements about the case that would be relevant to current trial.

But Gardener Brown, in addressing the court today, disagreed.

"When we examine the offence  (for which Patrick Powell is charged) we do not see where any of the materials in Buchanan's  (witness) statement or Mr (Ealan) Powell's press releases are relevant to the case before the court," Gardener Brown said.

Martin indicated that at a later date she will make an application to have the court use its powers to get both men to give evidence.

Director of audits and complaints at the Firearms Licensing Authority (FLA) Michael Dixon was the first witness called by prosecutors.

He testified about receiving a request from the police in July 2011 to check the FLA records to determine whether Patrick Powell was the holder of a firearm permit.

He said at the time the businessman has a permit that was current.