{"id":139568,"date":"2021-10-13T16:06:17","date_gmt":"2021-10-13T20:06:17","guid":{"rendered":"https:\/\/antiguanewsroom.com\/?p=139568"},"modified":"2021-10-14T07:57:49","modified_gmt":"2021-10-14T11:57:49","slug":"criminal-case-against-raymond-yhap-dismissed-in-magistrates-court","status":"publish","type":"post","link":"https:\/\/antiguanewsroom.com\/criminal-case-against-raymond-yhap-dismissed-in-magistrates-court\/","title":{"rendered":"Criminal Case against Raymond Yhap dismissed in Magistrate’s Court"},"content":{"rendered":"
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Businessman Raymond Yhap is now a free man after the criminal case against him was dismissed by the court, following a no case submission made by defence attorney, Andrew O\u2019Kola.<\/p>

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In August last year, Yhap was charged with breaching the terms of his Firearm User\u2019s Licence after the police raided several of his business establishments and seized items including a firearm, ammunition, and cash.<\/p>\n

Licensed firearm holders are apparently forbidden from having more than 60 bullets in their possession at any one time, but police reportedly found 142 bullets at one of Yhap\u2019s establishments, resulting in the charge.<\/p>

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During the trial, which ended last month, the prosecution tried to prove that Yhap possessed more ammunition than was permitted by law, using the witness accounts of police personnel who came into contact with the ammunition at different stages of the seizure process.<\/p>

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The witnesses all claimed differing figures for the amount of ammunition that was found, leading O\u2019Kola to rebuff those accounts on the basis that they were inconsistent. He also voiced concern with the fact the ammunition was never counted in the presence of his client, but had been done elsewhere.<\/p>\n

Those issues, he told Observer, formed part of the basis for the no case submission he made on behalf of his client.<\/p>

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\u201cThere were two sets of issues essentially. The first issue, as to whether the elements of the offence were made out, and the second had to do with what were internal inconsistencies and irregularities.<\/p>\n

\u201cAs a result of those inconsistencies and irregularities, it was quite clear that any case that the Crown purports to have would be so tenuous that it would not be possible for it to pass a very strong no case submission application.\u201d<\/p>

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Chief Magistrate Joanne Walsh accepted the no case submission, declaring in court yesterday that Yhap was free to move on with his life.<\/p>

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O\u2019Kola commended the Magistrate for that \u201cwelcome judgement\u201d, quipping that, \u201cthis decision by the Chief Magistrate has crystalized an important principle of law \u2013 that is, the fruit of the poisonous tree is not a fruit\u201d.<\/p>\n

He added that the outcome of the case was a true example of justice being served.<\/p>\n

\u201cAll the Magistrate did was simply what justice required; look at the arguments raised by the Crown, the arguments raised by the defence, and then make a decision consistent with justice.<\/p>\n

\u201cIf there is one time you look at a court and see the results\u2026this is one case in which justice was done \u2014 not only seen to be done, but [also] felt to be done, given the way in which the matter progressed.\u201d<\/p>\n

Yhap, whose business operations include the New Thriving Restaurant, had been granted bail and made to surrender his travel documents while the matter was before the court.<\/p>\n

O\u2019Kola disclosed that those documents are expected to be returned in short order, as well as efforts made to reacquire his seized firearm.<\/p>\n

The attorney noted, too, that despite their obvious delight in the victory, it was not a matter they were looking to gloat about.<\/p>\n

Instead, they were more focused on the fact that Yhap would now be able to go about his life \u201cwithout the anxiety and the stress of having the matter over [his] head\u201d.<\/p>\n

EARLIER REPORT:<\/p>\n

Chief Magistrate Joanne Walsh today dismissed a case against businessman Raymond Yhap.<\/p>\n

Yhap\u2019s attorney Andrew O\u2019Kola filed a no-case submission, which was successful.<\/p>\n

The businessman was charged with having more ammunition in his possession than that which is allowed under the law.<\/p>\n

Yhap operates the New Thriving Restaurant \u2013 was arrested and charged last year.<\/p>\n

Police raids on his business establishments resulted in the seizure of money, a firearm and ammunition.<\/p>\n

ALSO READ:<\/p>\n

New Thriving boss Raymond Yhap\u2019s application to have case dismissed, denied<\/a><\/p><\/blockquote>\n