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Attorney Saldivar Got Bail For a Firearm Offence?
posted (April 1, 2020)

Last night, we told you about the latest developments in the police detention of attorney Arthur Saldivar. He’s already facing a criminal charge for allegedly spreading fake news, and tonight, he out on bail for firearms charges because according to police, they found unlicensed guns, ammunition and a bulletproof vest at his family home in Camalote Village.

You’ll remember how Saldivar’s friend and colleague, Richard “Dickieâ€￾ Bradley, harshly criticised the police search that the cops conducted at Saldivar’s family home in Camalote. Well, police have since released their version of the series of events. They say that that on Monday night at around 7:00, a team of officers went to search the Camalote Village home, and that led them to find a 12-gauge pump-action shotgun, a 20-gauge shotgun cartridge, 2 rounds of .22 ammunition 74 rounds of 9mm ammunition, twenty-five cartridges for a 12-gauge shotgun, and an unregistered bulletproof vest.

“Dickieâ€￾ Bradley told our colleagues from the press last night that these weapons were duly licensed to one of Saldivar’s family members. He also accused police of attempting to extend Saldivar’s detention period by refusing to charge him in a timely manner. Well, police say that they charged Saldivar yesterday with 4 counts of keeping unlicensed ammunition, 1 count of keeping an unlicensed firearm and being in possession of an unregistered bulletproof vest.

We understand that Saldivar has since been arraigned in the Magistrate’s court, and he was released on bail of $20,000 dollars. This evening, when we caught up with Police Commissioner Chester Williams, he told us that he is of the opinion that Saldivar wasn’t eligible for bail. Here’s how he explained why:

Chester Williams - Commissioner of Police

“As police, we have done our duty, which is to lay charges and take the person to the court. We know that the amendment to the crime control and criminal justice act does prohibit the magistrate from granting bail to person who are charged with a number of offences, one of which is firearm related offences, of which Mr. Saldivar was charged with. Notwithstanding that, the magistrate in Belmopan decided to grant Mr. Saldivar bail, according of what I have been briefed by the prosecutor was that the magistrate views the provisor in the legislation in section 16 subsection 2, which states that the magistrate can grant bail, use his or her discretion in exceptional circumstances. Now I had also asked, what was the exceptional circumstance that led the magistrate to have granted bail to Mr. Saldivar and from what I am told, it was the magistrate said that Mr. Saldivar produced license for the firearms in which he was charged but my contention with that is that, this is not the stage where the magistrate should determine whether or not, Mr. Saldivar has a license, that should be determined at trail as a part of his defence and even if he have a license, I have explained yesterday that he licensed the gun, first and foremost, inappropriately and secondly, after the fact because he was found in possession of the firearms on Saturday.â€￾

“His birthday was October 19th last year, the law provides a grace period of 1 month to renew your license. That grace period would have ended November 19th, we’re all the way in the month of March, well beyond the grace period and so, the time he was found with the firearms, they were unlicensed. One of them is licensed to his brother but his brother does not reside at his address and therefore, the fire arm that belongs to his brother, should have to have been there. That one license is up to date but it does not belong to Mr. Saldivar, it was found in his room under his bed, so that would prove them constructive possession and it is on those basis that he was charged. The ammunition was 22 rounds of ammunitions and he has no license for those 22, so automatically, again - if the magistrate was saying he have license for the 22 ammunitions, they have no license for but despite that, the magistrate still granted bail.â€￾

Jules Vasquez

“Anyone else would have been remanded sir.â€￾

Chester Williams

“Exactly, we’ve had police officers who have been charged with firearm offences and they went to prison and they had to go to the Supreme Court for bail. Now, while yes we have discharge our duties in terms of taking the person before the court, we believe that the magistrate urned and while her actions is one that can’t be reversed now, we are lodging an official complaint to the Chief Justice on this matter to show that there is no reoccurrence of this. It is important that as a society that justice be administered fairly. There are many people on social media who saying that Mr. Saldivar is being targeted, Mr. Saldivar is my friend, I would never target the man but the truth is, he was found in possession of firearms that he does not have a license for at that particular time and anyone else, would have been dealt with. We have charged people who are licensed owners, who licenses or up to date for keeping ammunition in excess, sometimes one in excess. The public didn’t say that they were being targeted, why now because it is Mr. Saldivar, he’s being targeted.â€￾

Saldivar’s case has been adjourned until July 29th, 2020 before Magistrate Merlene Villaneuva.

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