By Tribune Staff
A GRAND Bahama businessman who accused police officers of framing him after being caught with a loaded, unlicensed gun inside a nightclub three years ago has avoided jail time after a magistrate instead ordered him to pay $12,000 in fines, despite objections from prosecutors who asked for a prison sentence.
Non-custodial sentences for having an unlicensed firearm are extremely rare, with accused people routinely sentenced to prison for many months.
Lloyd Rolle Jr, 28, was found guilty at the end of a full trial on charges of possession of an unlicensed firearm and ammunition stemming from an incident on March 21, 2023 at the Zero Degrees nightclub in Grand Bahama.
The sentence was delivered by Deputy Chief Magistrate Charlton Smith, who rejected Rolle’s claims that he had been framed by police officers.
Following evidence presented by the prosecution at the trial, the court found that the weapon had been recovered from Rolle’s waist while he was inside the nightclub.
Despite the seriousness of the offence — involving a firearm in a crowded public place — Rolle’s attorney, Murio Ducille, argued for a non-custodial sentence during Tuesday’s sentencing.
During his submissions, Mr Ducille urged the court to impose a non-custodial sentence, submitting that the circumstances did not warrant imprisonment, pointing to Rolle’s clean record and good character.
He also highlighted other cases where financial penalties were handed down in firearm matters, including a high-profile case involving an American businessman who reportedly paid a substantial fine - reportedly in the region of one million - instead of serving jail time.
However, prosecutors submitted that Rolle’s matter concluded only after full trial, and not at the earliest opportunity. It was further argued that the defendant never accepted responsibility, but instead made false claims that he had been framed.
Notwithstanding his character, the prosecution stressed that the defendant ought to have known the grave and potentially fatal risks associated with carrying a loaded firearm into a crowded public establishment.
They urged the court to send a strong message, recommending a four-year prison sentence to reflect the dangers of carrying a loaded weapon into a crowded nightclub.
Magistrate Smith outlined the challenges inherent in balancing statutory provisions with the individual circumstances of offenders.
He questioned whether jail was necessary for a first-time offender.
Mr Smith acknowledged Rolle’s otherwise clean record and “redeemable qualities”, ultimately deciding that a custodial sentence was not mandatory in the circumstances.
The magistrate indicated that in some cases the Director of Public Prosecutions have allowed non-custodial outcomes in similar matters.
Mr Smith warned Rolle that he had narrowly avoided prison.
Addressing him directly, the magistrate told him to “walk circumspect”, making clear that he must tread carefully going forward.
Rolle was fined $10,000 for possession of an unlicensed firearm and $2,000 for possession of ammunition, both to be paid by March 20.
He was also ordered to pay $1,000 to the Court Service Counsel.
Failure to pay will result in a one-year prison sentence on each count, to run concurrently at the Bahamas Department of Correctional Services.
In addition, Rolle was placed on two years’ probation. Any breach, and he faces a custodial sentence of up to four years.
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