Observers contend that magistrate exceeded authority by granting bail to cop accused of gun offence

Karim Warner, the acting police sergeant accused of discharging his
police-issued service firearm during a personal dispute, has been
granted bail, much to the surprise of his colleagues and some
members of the public.
 
On Wednesday, December 13, a senior police officer arrested and
charged Warner for discharging 12 rounds of ammunition in a
public place – the Willikies Main Road – on Sunday, December 3.
 
The accused made his first appearance in the All Saints Magistrates
Court before Magistrate Ngaio Emanuel on Thursday,December 14,
and was granted bail in the sum of $7,000, with a cash deposit of $2,000,
and two sureties.

The bail amount is lower than the $8,000 levied by the Police, who
had granted the officer station bail at the directive of Inspecto Dane
Bontiff. The Police did not require a cash deposit, either, although
two sureties had to sign on his behalf.
 
Magistrate Emanuel also required two sureties, along with the usual
bail conditions, which included reporting to the nearest police
station and surrendering his travel documents.
 
But what is interesting in this case, observers contend, is that
neither the Police nor the magistrate has the authority to grant bail
for gun offences.
 
The Magistrate’s Code of Procedure Act – Section 62 of the amended
legislation – outlines the offences for which a magistrate shall not
grant bail.

These include an offence involving the possession or  use of an 
offensive  weapon; unlawful  possession of a firearm or ammunition;
or unlawful use  of  a  firearm, contrary to any provision  of 
the Firearms Act.

The alleged incident involving the officer was reported by a Follies
resident, who telephoned the Willikies Police Station and
complained that an unknown male had shot up the tires of a vehicle
at about 9 a.m. on the day in question.
 
Officers visited the scene to conduct investigations and observed a
white Toyota Mark X, registration No. A43684.
 
Apparently, there were several bullet holes on the left rear door and
a number of spent shells on the ground on the southern side of the
car.

The police were later able to obtain certain information about the
incident from a Hodges Bay man and his girlfriend, from Liberta.