Adler Phillip walked out of the courtroom a smiling, relieved man after he was fined EC$10,000.00 in total for possession of ammunition.
The police on January 9, 2019 executed a search warrant at the home of Phillip and found an amount of ammunition spent shells and ammunition for which Phillip does not poses a firearm or ammunition license.
The police also arrested a Venezuelan and Jamaican (female) national but the charges against them were dropped after Phillip pleaded guilty to 13 charges.
However, the prosecution encountered many hurdles in tendering much of the evidence before the court as defense counsel, Zena Dyer, objected relentlessly. In the end, Phillip was only convicted on three of the 13 charges.
In her mitigating plea, Dyer pleaded with the court not to impose a custodial sentence on her client who she said was a businessman, father and gainfully employed.
“He is sorry to have found himself in that position. We ask that you impose a fine…not tantamount to imprisonment,” Dyer told the court.
She continued, “He has assured me that he will walk the straight and narrow path of the law and once given a chance, will put his words into action. This firearm conviction puts him in a position where he won’t be able to visit the United States at all to see his children and he deeply regrets the circumstances.”
Dyer also said that Phillip’s mother, who resides in the United States, was in constant contact with him since his arrest and is also asking the court to “have mercy on him.”
“He is at the mercy of the court, having found himself in that situation for the first time and is begging for another chance in life,” Dyer concluded.
“The court is not satisfied on the rest of the charges and they are all dismissed…only three now stands,” presiding magistrate, Asquith Riviere, stated.
He told Phillip, “I have bent as far back as I could go…I have dealt with you leniently. I did not add the aggravating issues associated with the case in my sentence. I, however, urge you to try not to get into this again.”
Phillip was fined four thousand dollars with one thousand to be paid by January 31, 2019 and the remainder to be paid in two installments of $1,500.00 each by March 31, 2019. In default, he goes to jail for 30 months.
He was charged another four thousand dollars, one thousand of which must be paid by January 31, 2019 with the reminder to be paid in two installments of $1,500.00 each by May 31, 2019, in default 30 months jail. On the third charge, he was fined two thousand dollars to be paid by July 15, 2019, in default 15 months jail.
The Venezuelan remains in custody and will be brought back to court to face deportation since he had over stayed his time in Dominica having entered the island legally.