A Swiss national, sixty-one-year-old Ernard Gerber, who was arrested and charged with several firearms and ammunition related offences, has been set free.
Magistrate Asquith Riviere upheld submissions put forward by defense counsel Wayne Norde who asked that the charges be dismissed because the prosecution had failed to prove their case.
Gerber, a former soldier and his Swiss girlfriend, Brigitte Muller, were charged with having an assault rifle, one brown carbine rifle without being the holder of a firearm import license as well as 80 rounds of 7.5 mm ammunition, 97 rounds of 9mm ammunition, 4 rounds of .22 ammunition, 5 rounds of 7.5 ammunition and 100 rounds of .22 ammunition without a valid license.
Gerber pleaded guilty to all seven charges while his girlfriend pleaded not guilty. The prosecution then decided to withdraw the charges against his girlfriend while proceeding with the charges against him.
FACTS
On October 18, 2019, a 20-foot container with items belonging to Gerber was opened by customs in Jimmit where he resides. Upon inspection, the assault rifle and carbine rifle along with 97 rounds of 9mm ammunition and 4 rounds of .22 ammunition were discovered. They were not declared by him and customs seized them and reported the matter to the police. On October 26, 2019, the police, armed with a search warrant, went to the home of Gerber and his girlfriend in search of “illegal firearm and ammunition.” They found 100 rounds of .22 ammunition and 5 rounds of 7.5 ammunition. He admitted all the ammunition belonged to him.
However, Gerber’s defense attorneys, Wayne Norde asked that the charges be dismissed since the prosecution had failed to prove its case.
“From the facts presented by the prosecution; they did not prove if the defendant had a valid license. He was not asked if he had one and they did not inquire…no checks were made by the police to find out if he had a firearms license,” Norde told the court.
He continued, “The burden is on the prosecution to prove its complaint as charged and they have failed, hence in the circumstances, the matter should be dismissed.”
But in response, the prosecution headed by Sergeant Innocent Toussaint told the court that having a license is a strict liability.
“The prosecution produced evidence that the firearm was found in possession of the defendant from a container he imported into the state. He did not declare those to customs; a search conducted at his home in Jimmit by the police resulted in ammunition being found. He did not show or said he had a firearm and or ammunition license,” Toussaint stated.
In his ruling, Magistrate Riviere explained that the law is clear.
“A person who is charged is innocent until proven guilty and the prosecution must prove every element of the alleged offense or charge,” he posited.
“He was not asked if he has a firearm and or ammunition license…the police was supposed to ask. The burden of proving its case never shifts and if they fail to prove, the case falls, notwithstanding the guilty plea,” Riviere stated.
The police he said never asked Gerber if he had a firearm license and so he said nothing.
“The court is not at liberty to assume…the prosecution must prove its case, he is under no obligation to provide incriminating evidence against him. In criminal law, there is no room for speculation,” the Magistrate said.
He continued, “In the circumstances, I am satisfied that the prosecution failed in its un-shifting duty to prove its case beyond reasonable doubt. The charges are therefore dismissed.”
The firearms and ammunition were forfeited to the State.
Since this person is not a Dominican by birth he should be put on the next plane or boat leaving Dominica. Did he bribe some government officials ? Inquiring Dominican minds want to know.
Welcome to Dominica. A nation thought to be a democracy, being set free from a monarchy, but ostentatiously turned into an idiocracy. There has to be more to this story than meets the eye.
This question is important to me. Why do we have police officers prosecuting cases and going up against very competent, well trained and experienced lawyers? That’s a colossal mismatch. Justice is not being meted fairly in Dominica once you have in place such arrangements. Government should attract the best prosecutors and have a well trained and highly motivated police force in place.
I keep hearing of sniper guns, DNO why are you not showing the guns don’t you have the picture.
All male Swiss citizens are subject to compulsory military services and are allowed to keep their military arms at home and the majority of them do. ,This particular gentleman was either ignorant or naive. He should have surrendered any ex service arms to the Swiss authorities when he left Switzerland but certainly declared them to the Dominican authorities prior to arrival of his container, on his manifest.
– the assault rifle could be a SIG 510, which uses 75 mm. cartridges as does the old Swiss issue, wooden stock carbine K31.m
I would be more concerned about the 9 mm. ammunition, which is not used by either rifle and I would urge the police to search for a handgun, probably a Swiss army issue semi-automatic SIG Sauer P220, which may have been overlooked by this gentleman. There is no other explanation for him having imported this calibre bullet in the quantity he did.
Being in the Swiss army and allowed to keep his weapon at HOME ,has nothing to do with this situation. I was among the first men in my Army to wear the British Disruptive pattern camouflage material. And have worn it in many a country. Today in my country, if I am caught wearing such material I could be subjected to a heavy fine or jail. Discipline is doing the right thing,even when no one is looking over your shoulder,
I don’t understand.
It is a FACT that he imported a container of goods and upon inspection of said container Customs officers found a firearm and ammunition (restricted items) which he did not declare (an offense) and which he did not have an import license for (another offense).
Customs then informs the police who obtain a warrant, search his premises and find another firearm and more ammunition. He admits they belong to him and they arrest him and seize the items.
Yet because the police did not ask him if he had a license the case is thrown out. Did they not asking him if he had a license negate the fact that he did not have a license?
What about the fact that he imported the firearm without declaring it? That is a separate offense.
If I break into someone’s house and I’m caught can I get off if the police don’t ask me if I live there?
This case makes no sense to me.
The man pleaded guilty. There was no case of mistaken identity , you had solid evidence and the man pleaded guilty. In this era of terrorism this case could very well be treated as a terrorist attack. and a threat to national security.
There was no reason why he was allowed to go free. There have to be ulterior motives.
Lovely Dominica land where the rivers flow
I agree with you. This case needs to be reopened, the magistrate errored in this instance. The man pleaded guilty and so the court has no authority to overturn his guilty plea. The magistrate overstepped his authority, by dismissing the case. Had the man not plead guilty, then the magistrate could have dismissed the charge.
So the guy pleaded guilty to all the charges. One would think that the only decision left for the magistrate is to propose a sentence, yet the magistrate decides he’s not guilty. I have never studied criminal law but i am mystified by this decision. Does this mean that the firearms and ammunition will be returned to him?
Why confisticate the man’s firearms and ammunitions, there’s no charges against him, his properties should be returned to him.I think this is silly for a magistrate to uphold the lawyer’s submission. If he was licensed to use fire arms and ammunitions in his country, he deserves another license in Dominica. I think he should be re- arrested
Either the judge was paid off! Or he’s a dumb a**
All that evidence plus the defendant pleading guilty! I might have understood (not agreed) if the defendant had pleaded innocent….. But that judge needs to be arrested
Haa haaaa, that makes me laugh,
…reminds me of the movie MADEA, “you did not Miranda-rizze her, soo hence fore, the Police Officers who made the raid DID NOT ask for his license and just cuff him, wow, really…Read the man his RIGHTS, what kind of Police Oficers we have in DA
We haven’t got a police force. We only have a private army under the command of a corrupt PM. But we also have a judicial institution that has been infiltrated by the same said PM. My country doesn’t deserve this. Is that what our ancestors fought for? My country deserves better!
What I am seeing from this picture is that our local black Dominican is in cuffs while the foreigner of caucasian decent hands are free. I would like to know why?
It’s all about white supremacy dude, they got us judge jury and all learned African decent educated by them drinking the bitter cool aid, and not spitting it out.
Oh no my friend, I’m not buying that but instead it is all about a corrupt PM. Could it be that this Swiss citizen is also the holder of a Dominican passport?? Just asking…
This nonsense will continue to happen when we use politics to avoid the issues
I thought i was the only one who noticed that.
Notice his lawyer standing there? The
Water may have requested the cuffs be taken off.
That is why every country in the world treat us blacks with scant respect. As the President of the Russian Federation recently, we (Africans) treat white men as if they are Gods..
A Judge can overturn a guilty verdict if s/he believes the verdict doesn’t reflect on the evidence that was presented in court. However, the judge cannot overturn a GUILTY PLEA. A plea can only be entered by the defendant. On the other hand the defendant can request at any time to withdraw the guilty plea and the judge has the authority to accept or decline the defendants wish to withdraw or change the plea. I did not read where the defendant requested changing his plea from guilty to not guilty.If this was a question given in the Bar exam and that was the student verdict I think s/he would have failed.
THIS IS OUTRAGEOUSLY LAUGHABLE!!!
First, the Magistrate is CORRECT in his judgement, as painfully shocking as it may seem. Law and due process go hand in hand. What kind of Police Officers are these that would encounter firearm and ammo and not ask the most obviously logical question –
“Sir, do you have authority to have these, do you have a license. Can I see the license? If lost for some reason, then when and where was it issued; with a check to the database”.
But maybe the guys or our justice system are not that daft – just a slip, or sin of omission or error of convenience that, on the face of it should not have happened
. But sadly the case is now mute even if the guy is as guilty as guilty can be.
I assure you that if one like me was in that situation (though I will not be) no one would remember to put forth that defense on my behalf.
But there is a wider question here. Why bring in this weapon and amount of ammo unscrupulously. Watch OUT!! What a…
My biggest fear is that one of Dominica’s sons – especially an uneducated and unconnected guy on the block, a “par melee”, may be enticed to use these weapons on behalf of others who would not use it themselves.
It pains me to venture this comment in this forum but deep within my spirit I have been concerned over the last year that Dominica is changing really fast in an unconventional and unsavory way – deep within my spirit it does not look good and we should all move to change this.
I sense our Spiritual leaders (should I say RELIGIOUS LEADERS) have dropped the ball, the POLITICAL LEADERS have dropped the ball – many have forfeited the title of HONORABLE and are more befitting of the title HORRIBLE & MISERABLE. WE have dropped the ball!!
Among Church Leaders the “PAS MELEE” spirit of ELI has consumed them in self-righteousness.
I BELIEVE GOD IS GOING TO SHAKE THE FOUNDATIONS OF DOMINICA TO WAKE US UP!!! MAY GOD HELP US!!!
Unusual of me to speak like this but I…
Was the guilty plea withdrawn? No fancy legal gymnastics can convince me that the decision by the Magistrate is not to total BS. If I am charged with an offence of driving without a drivers license and I go to court and plead guilty that simple means that I have agreed with the charges. If on the other hand I plead not guilty and produce a valid drivers license to support my not guilty plea, the case will be dismissed. So when is the Magistrate going to order the return of the confiscated guns and ammunition to Mr. Gerber? According to the courts he is not guilty of any charges. I wonder if he was a local individual, would the Magistrate bend over so far backwards with his legal gymnastics to set him free? The man brought in arms and ammunitions in the country without declaring them, what is this legal system coming to?
Sir, you said the magistrate is correct. What law or president support your promise. Please enlighten us.
I disagree with you here. Law and due process does go hand in hand but they are two different situations. The law was broken by the individual, and as a result of him doing so he was charged with the offense. He was allowed due process which is the right to an attorney, the right to his plea, and his day in court. That’s how law and due process works, whatever the magistrate was thinking or technicality he used is not legal, as the individual plead guilty. Remember if you plead guilty knowingly or not the court does not have to listen to your defense or reasoning to why you did what you did, once you plead guilty, you can be sentenced, except you claim that you were under due rest or forced to plead guilty against your own will.
Idiot police,the only work for Skerrit,to try and condemn the illegal voting system in Dominica,and when the citizens protest,the man should be facing jail time,am sure he will get his gun and ammunition back.
These guns will get in the wrong hands!!!
This thing stinks!
Something sinister is going on!!!
I don’t trust de police and that magistrate.
Sometimes cases appear to be fixed
What a country this Dominica has become ein
My God My God My God .
where is the country going ?.
not even for illegal importation of firearms that bloody man could be done for ?
Is it any wonder all these foreigners come over and treat you guys like doodoo?
Only in Dominica . Nowhere else .
If the man had declared his firearms
on importation then there would be questions . he failed to declare the importation so that should be major problems for him .
I think this one is just an operation gone wrong . there may well have been arrangements in place for things to work out smoothly, but something went wrong and back fired . he was in Dominica prior to the containers arrival so he would have seen how things work on island .8 days elapsed between the date customs found the guns and the date his place was searched ,WHY.
We all seem to blame the judicial systems for its failure,but the officers of the law have to do their due diligence. Self accolades AND DESIRE FOR PROMOTION IS DESTROYING THE FOUNDATION OF OUR POLICE FORCE. Misinformation AND MANIPULATION OF THE FACTS OF THIS CASE HAS RESULTED IN ANOTHER FAILED AND DISMISSED CASE BY THE POLICE FORCE.
SOMETIMES IT IS NOT ABOUT GETTING A PROSECUTION,BUT UNDERSTANDING THE FACTS OF THE MATTER AND DOING THE RIGHT , HUMANE AND DISCRETIONARY THING!
This makes absolutely no sense. A man pleads guilty to a crime next step is penalty phase. Something is wrong here. I don’t want to insult the magistrate.
Too many criminals who should be behind bars are walking among us because of poor evidence gathering by the police. It’s most evident that the police investigators lack thorough and proper training. Why are most public institutions in Dominica so dysfunctional? The citizens and residents are being shortchanged. There needs to be ongoing training of the police. This government is single-mindedly focused on winning elections by fraudulent means. The well-being of Dominicans is of the least concern to them. Accumulating as much money and material things is their great desire. Law enforcement, healthcare, jobs will continue to be abysmal as long as these same group of corrupt people remains in power. For a refreshing change of Fortune for the ordinary people, get rid of the incumbent crooks and invalids.out of the seat of government.
Wow! Riviere again! He was charged with possession of firearm and ammunition and failing to declare them to customs. Did the fact the the police didn’t ask him if he was the holder of a firearm licence mean that he didn’t import the firearm? Did the failure of the police to ask that question mean that he did declare it to customs? So had he killed someone and the pokice didn’t ask him if he did lead to dismissal of charges to? It is sad that a man whose career started as a police officer has made such a U-turn and seems to be fighting the police with his final bit of strength.
Something is smelling fishy about not proving if the man had a licence. Being in possession of a firearm and importing weapons and ammunition without the nowledge of the authorities is enough to have this guy imprisoned. This guy must be ”high-up” there to walk free. People need to watch this guy. He might be in DA to stir up trouble. ”Geber” is a jooish name and means Warrior.
So? Will the Police confirm whether or not this man has/had a valid licence? Import or otherwise? Or will they just bury their heads in the sand in shame? “Inquiring minds want to know!” All I know is that if this was a local Dominican, he would be torn a new as- – – – – – before this would EVER happen…!
I am confused, I thought firearm license were issued by the police department. So how the state lost this case? If the guy was issued a firearms license the police department should be aware of that and only charge the man for the guns in the container. I thought If you bring a firearm into Dominica and don’t declare it you are guilty of possession of a firearm. If you are a registered gun owner of one gun and you have 6 unregistered you should be charge with possession of firearms for the unregistered guns. The law in Dominica cannot be for one set of people.
Dominica is truly somewhere the law breakers can thrive.
This was a very sloppy work by the police. As a person who is quite knowledgeable as it pertains to such, I believe the police lost the case because they didn’t provide proof that the man is not a licensed holder.
This leads me to ask the question: ” Are there no longer firearm licensing officers in the CDPF?
it’s the duty of the firearm officer to go to court and give evidence as to whether the man is a firearm licence holder in Dominica.
Apparently, this was not done, as such, the prosecution could not prove it case.
Note:. Even if the man is a licence holder in HIS COUNTRY, he still needed an import permit to import the firearms and ammunition into Dominica.
Additionally, he also needs a separate firearm licence in respect of each firearm.
The police work was really sloppy in this one.
I understood that those guns we’re found by the customs. So where are the charges from the customs. Normally police and customs charge jointly in cases like that.
Dominica Law Enforcement is an arse! Time and time again they prove and espouse their unprofessional stupidity. Is only on the Dominica Opposition they have force!
our legal system (like all black countries) upholds white supremacy. White man gets caught with an army worth of guns and is set free. In the mean time, in white countries, any excuse they get they will lock up a black person! We still don’t value ourselves enough to treat them how they treat us!
What a let down for the Police. People getting shot here partly every day and we don’t make guns. The simplest of rules and procedures. You got the accused, you got the exhibits. If you are not in uniform, you identify yourself. Ask the person to confirm his name and address. Sir/madam we have reasons to believe that, you are concealing in your possession, dangerous weapons towards guns and ammunitions. Have you got a license for those? These only takes five minutes. The police, there idea that we are boys must be stopped. Chief, send them on a refresher course forthwith.
Interestingly, three different gauges of ammunition were discovered, namely 7.5mm, 9mm and .22 . However only 2 firearms were discovered. This could imply that at least one other weapon is unaccounted for.
It is sad that the infamous social concept ‘white privilege’, has extended its ugly reach to a supposedly black ruled nation.
Interestingly, three different gauges of ammunition were discovered, namely 7.5mm, 9mm and .22 . However only 2 firearms were discovered. This could imply that at least one other weapon is unaccounted for.
It is sad that the infamous social concept ‘white privilege’, has extended its ugly reach to a supposedly black ruled nation.
I flat out don’t believe that propaganda of the criminal Enterprise. They fabricated it and used it to their advantage so we could believe those snippet guns and guns that came in the blue barrels, according to Anthony Astaphan were brought in by foreigners. When did he come to Dominica? How did he come? What did he bring? Were his luggage searched? How did he get his gun? Was it licensed? Did anyone especially members of the corrupt cabal help him? Was he one of the snipers or navy seal Melissa saluted? Man this carnal is so damn corrupt that I just can’t trust them.
Reminds me of that foreigner that was arrezred in Barbados with a loaded gun bound to Dominica and somehow that same Charles Angelo Savarin Skerrit made his president was national security minister and as security minister the man was quick to say that the man was coming to visit his girlfriend. You hear of evil people hell and Satan dumped on us? Liars and workers of evil and iniquity they are
Here We go again licking the White Mans a.s.
He did not declare the firearm That is a crime. Try going to Switzerland, do not declear your roasted breadfruit and Think you Will get it.
So now Dominicans have a contact person when they want a gun.
Good luck
Dominica is a law less country who ever wish may come to do there crap if it was a poor Dominican you would see how fast he would have his jumpsuit in stockfarm the law is for one set wicked
The police clearly dropped the ball. The man got away on a simple technicality. The police have to ensure that they dot every I and cross every t. What I have observed with the present Police Force is that they rush to arrest but are found wanting in the courts. Physical work, the police are sharp. Mentally and intellectually, they are dull. Too many criminal cases are being squashed because of police incompetence. That’s the brutal truth.
see fat boy hands well strap tight, see white bwoy hands swinging free, we are second class in our own land tho
ebeh look magee in our country
HMMMMMMMMM! Asquith knows that this ruling in BS. The man already guilty to NOT having a firearm license so the state does not have anything to prove again. They would have to prove IF had he pleaded not guilty but how can a man plead guilty to a crime and the magistrate in his infinite wisdom set him free because the prosecution did not prove it. Assinine indeed. Only in Dca that can happen because SOMEBODY knows why the guns were brought in. It is alleged they just forgot to let their customs contact know.
I posted ole caiso about police names. I think we need to change the prosecutor. Thats the problem. Innocent Toussaint cannot be prosecuting anyone in court. How the heck you expect to find anyone guilty. Get a seargent Lockhart, bartley, Lawson Cage somthing like that.
I share disgust but maybe both the prosecutor than the investigating Officers .
Honestly, these Police Offices are not daft – it was just a LITTLE SLIP
, A SIN OF OMISSION, AN ERROR THAT RENDERED CONVENIENCE, an incomprehensible and irreversible flaunt of procedural consideration injurious to our justice system.
It is more than just a travesty than indeed it is a wake-up call to an unfortunate broken system that requires reconstruction, reconstitution, retooling and comprehensive reeducation on duty to country, constitutional duty, moral & ethics, law and the rule of law (both in letter and spirit), reeducation on procedures, professional principles, and above all, a conscious responsibility to our compatriots who trust us to carry out the duties and functions in whatever field or area we are in.
Sadly a cancer has spread across the specter of every sector and institution in Dominica. DOMINICA MUST STOP POLITICKING.
Let’s be CIRCUMSPECT, IMMACULATE & IMPECCABLE!!
This rational is too complex for some to understand. In what seems to be a simple procedure in law enforcement our police failed. I dont know what else to say to rationalize this except if there is a more sinister plot that lies beneath. A man pleads guilty to all charges yet he walks free. How can i trust our police investigators and prosecutors to try anything complex. My question is what are state lawyers/DPP role in ensuring that these police prosecutors case are carefully reviewed before taking to court. I would do a ballistics analysis on all guns retrieved. It may come in handy in future.
It is not rationalization but an “in their face”poke at utter stupidity
Mr. Cadette, I wish I could love your comment. DNO please work on that.
https://youtu.be/XJz_2nEi94w
This must be a joke. I have tired indicated criminals get trained lawyers to defend them yet a police to prosecute. This is not fair justice and cannot be acceptable. The people of Dominica are being shafted by a judicial system that is messed up to the core. This seems lime a simple process a kindergarten student should know. This is not the first time. Its a bloody shame.
This matter speaks volume of the low standards of policing, the unproductive supervisory level, lack of professionalism and knowledge of policing . The mere basic points to prove a case the investigator and prosecutions failed in proving the offences, I am disappointed .Rather than maligning each other and politicking discuss cases in law or should I refer the police officers to one of our former ranking officers criminal law and procedures by former supt Duke Savrine.
@ Mathew Durand, Is it miscarriage of justice when a person pled guilty and the case is dismissed ?
What about when you have compelling evidence ? There was police and custom witness . They had all the relevant factors, but the Magistrate set him free.
I think the police cannot be held responsible. They arrested the right person. They produce the right evidence. They obtain a guilty plea. They had an open and shut case. But the guilty party walked free.
I think the Attorney General should take the case to a higher court to prevent a miscarriage of justice. Because this decision is setting a dangerous president.
So let us see the reaction of the A.G. The Government will be seen as practicing racial favour because if he was a local person he would be looked upon as a terrorist.
It is sad that Dominica DOES NOT HAVE an Attorney General.
It seems to me that this position has been vacant for over a decade. 
If I am wrong and someone is occupying that seat can someone remind me who it is.
. That person should then be called “WHAT SHALL I DO?” because only a clueless person whimper in a corner or scurry to hide like a MEERKAT when real issues confront them. Also please enlighten me as to the lack of visibility of such an important office on matters of legal import or of Governance to the state. Help me to understand this anomaly – for indeed an anomaly it is from start to finish.
My view is that the Police did a great job, the court is the let down. They acted promptly, professionally and properly. The Magistrate could have postpone the case and review the evidence with the DPP in light of the guilty plea.
Unless the relevant law and president is quoted, this will look like a set up by the Magistrate. At this stage the high court should be involved.
When you have a so-called police service/force of young lazy, inexperienced men with no intelligence who’s only interest is earning a salary with no intention of being a police, it’s no surprise! These police officers does not know that they should first find out whether the man has a license
On another note, even if the police didn’t asked whether the man has a license, does this mean that he should get away for illegally importing guns 
More and more, this little slave plantation mentality are getting scary to the point that alot of people will be reluctant of deciding to living there!!!
Give him back his firearm. If you say he is not guilty why take them.this is a special interest person. no dominican escaping charges like that.
dont be silly. He was freed based on the prosecution inability to provide certain evidence. It is obvious that he doesnt have a firearm license, however the police kept on assuming that he didnt and never questioned him about it to have his answer documented. In other words they arrested him based on speculations. If only they had ask him: Sir are you the holder of the relevant license to import firearms? and he answered No, that case would be done long time ago.
Did not declare it .. hence it is seized . the police charged for possession of firearm . The customs law is any firearm, large amounts of money or any material it be illegal or needing a permit for importation is undeclared is to be seized .
Sloppy Dominican law enforcement. Both Customs and CDPF.
Some of us might catch a fit about the ruling. But we have to remember that due process protects the INNOCENT. Unfortunately when law enforcement fails to follow due process the “guilty” walks
It leaves one to speculate whether the “law enforcement” entities did not conspire to botch the prosecution.