The two sons of United States terror plot accused Abdul Kadir had the charge of unlawful possession of ammunition dismissed against them  after  Magistrate Ann Mc Clennon, upheld a no-case submission by defence counsel Kim Kyte-John,  at the  Christianburg  Court yesterday.

Thirty-one-year old Kareem Kadir and  his brother, Iqra Kadir, 27, of Lot 95 Riverside Drive, Watooka, Linden, pleaded not guilty to the charge which said, that on June 10, 2007, they had one 7.62 x 39 round at their home, without being the holders of firearm licences.

The Prosecution case disclosed that a search was conducted in the house which accommodated a number of persons including the defendants and  Abdul Kadir, their  father. A  round was found in a wooden cabinet in the top drawer in the bedroom in which  Abdul Kadir dwelled.

Kareem Kadir   is recorded as telling a witness for the prosecution  that he did  not know anything about  the round, as it was  his father’s bedroom. Iqra Kadir, who  then entered the room  after the round was retrieved ,remained silent after it was shown to him. Five persons in the home were arrested and taken to the McKenzie police Station during the investigation.

Policewoman  constable  Williams disclosed that she was requested to search the records in relation to five names all of which she could not remember.

In her submissions, Kyte-John said, the Prosecution must prove beyond reasonable doubt that the defendant  had  physical custody or control of the substance,  in that they  knew  or  must have reasonably  known that he had the substance and that it was prohibited.

According  to the lawyer, the Prosecution had failed to establish possession in this matter for the following reasons, in that there was no proof that the  defendants knew or could reasonably have known that there was a  round in their custody, nothing was found on them, the  round was found in a drawer and no connection was established by the prosecution between the defendants and the article.

In addition, Kyte-John further submitted that no fingerprint analysis was   conducted. In fact she revealed that a  prosecution witness  admitted that nothing was found which connected the defendants to the round. Further, she noted that  the matter was not properly investigated to determine  whether  the round was a round from a licensed  gun of another family member.

The attorney at law added that there was  evidence that the  house was occupied by a number of persons  who all had access to the room  and the prosecution did not lead evidence to show why the other persons were not charged . Following legal submissions, the defence counsel told the court that it should be noted that where a prohibited substance is  found on premises even if it belongs to the defendant, something more  must be proved.

The Kadir siblings are the sons of Abdul Kadir, a Shi’ite Muslim preacher,  a combative ex-mayor and a  bitter critic of the government, who is accused of  plotting to blow up New York’s John F. Kennedy International Airport.