By LAMECH JOHNSON
Tribune Staff Reporter
A MAGISTRATE will decide, in two months, whether former Senator John Henry Bostwick II has a case to answer concerning an ammunition possession charge.
Bostwick’s defence counsel and a police prosecutor appeared before Magistrate Andrew Forbes on Friday afternoon for legal submissions stemming from testimony into the discovery of 10 live rounds of .22 ammunition, allegedly found in Bostwick’s luggage on May 17, 2014.
Airport security allegedly discovered a quantity of ammunition in his luggage during a check while in the domestic section of the Grand Bahama International Airport.
Elliot Lockhart, QC, and Lisa Bostwick-Dean argued that the prosecution had not established a proper chain of custody for the items they claimed were found in their client’s possession.
The argument was made regarding the report of firearms examiner Inspector Aaron Wilson who, said Mr Lockhart, received the items from a police officer who had not given evidence in the trial.
Mrs Bostwick-Dean produced a chart for the court’s viewing to illustrate the chain of custody, based on the evidence given, that began with Corporal Latoya Major-Rolle of the Central Detective Unit.
Mr Lockhart also argued that Inspector Wilson’s testing of two of 10 bullets did not legally establish that the bullets were, in fact, ammunition.
Supt Ercell Dorsett responded that the chain of custody for the magazine clip and bullets had actually been established by Corporal Jenika Arthur, who made the initial discovery.
Dorsett said without Cpl Arthur, the prosecution could not have brought the charge.
The prosecutor, in dismissing the defence’s second argument, countered that Insp Wilson had determined that the bullets were, in fact, ammunition because they were tested with a pistol of like calibre.
Magistrate Forbes said he would give a decision on the matter on September 8 at 1pm.