Businessman found with pornography challenges revocation of gun licence

Police revoked the firearm licence of city businessman Shabbir Baksh and seized his gun after finding pornographic videos in the store he manages a few years ago, but he secured an order from the Full Court on Friday that called on the Assistant Commander of ‘D’ Division to show cause why the decision should not be quashed.

Shabbir, who manages Joseph’s Cassette and DVD Shop at King and Regent Streets, filed the appeal through his attorney, Anil Nandlall, and after hearing the argument Chief Justice (ag) Ian Chang and Justice Rishi Persaud, sitting in the court, granted the order.

Shabbir had previously sought a similar order through an ex-parte application before another High Court Judge, but the application was refused on the ground that it was made in breach of the Crown Office Rules, which prescribe that an Application for a Writ of Certiorari must be brought within six (6) months of the date of the decision that is being challenged.

It was back in July 2006 when police raided the store and found five pornographic DVDs entitled, “Guyanese Girls Gone Wild.” The ranks also searched Shabbir and seized the licensed firearm he was carrying at the time. He was informed of the revocation of his licence last year.

Prior to the revocation, he was charged in July, 2006 with the offence of trading in obscene objects, contrary to Section 157 (a) of the Summary Jurisdiction (Offences) Act, Chapter 8:02. He pleaded guilty a month later and was fined.

Shabbir is contending that the possession of pornographic DVDs is not a valid ground and does not form the legal basis for the revocation of a firearm licence in accordance with Section 18 (8) (a) of the Firearms Act, Chapter 16:05, or under any other law, and that the said act of revocation constitutes a most bizarre exercise of a discretionary power.

He applied for his firearm licence in 2004, saying that he was in charge of the entire business outfit which at any given time is stocked with millions of dollars of stock-in-trade. He also stated that on a regular basis he would be required to deal with, handle and carry to the bank and to his employer’s home large sums of cash and other valuables.

After the licence was issued, he purchased a .32 semi-automatic Taurus pistol.
The firearm licence was renewed for the years 2005 and 2006. “…During those years, I never committed any acts or thing whatsoever which caused a breach or was likely to cause a breach of the conditions upon which the said licence was granted,” Shabbir said in an affidavit in support of his application.

In 2008, Shabbir received a letter from the Commander of ‘A’ Division, who called on him to show cause why his licence should not be revoked. He was advised that the Commander had no such authority, but responded to the letter apologizing for the incident at the store. He also said in the letter that he was not the person who purchased the DVDs and other materials in the store; he said the owner was.

Subsequent to this, he received a letter from the Commander of ‘D’ Division, saying that his licence had been revoked. Shabbir said he was forced to conclude that the revocation was a result of the charge he faced.

The matter comes up for hearing next month.