Michael Hugh Powell (42) was sentenced by Justice Charles Quin in Cayman’s Grand Court on Thursday May 30th to the minimum sentence of 7 years’ imprisonment after pleading guilty to the charge of possessing an unlicensed firearm.

Powell had admitted to the possession of the firearm after police visited his home in November last year and found a firearm – a .22 Longhorn Revolver.

Powell told the police that, whilst on the job as a Caribbean Utilities Company  (CUC) linesman in the Prospect area, nature called and he went over to a bush area to relieve himself. He said whilst at that spot he noticed a bucket and a crate and he assumed it was a location where people had been “hanging out.”  He said something had been burned there and there were many footprints in the area.

He then saw the gun under the crate, but he put the crate back over the gun and left the area and returned to his job site.

During that same night he returned to the location in the bushes and took possession of the gun. He kept the gun from sometime in early September to mid November until the gun was discovered at his home. He admitted he knew the firearm had ammunition because he had opened it and seen it.

It was stupid to have kept the firearm he said adding, “Being stupid, not thinking, I took it home. I wrapped it up in a towel.”

Powell, through his attorney, Trevor Burke QC, appealed the sentence last Monday (29) citing that Powell was a father of five, he was of exemplary character and it was evident when he took the gun there had been no criminal intent. All these were exceptional circumstances the judge could have considered in order not to impose the mandatory seven years.

Powell had also previously discovered a weapon and also recovered ganja and he had handed these things to the police. Powell had also sat as a foreman on a jury during a major murder trial.

The appeal judges did not agree any of these disclosures were exceptional circumstances and although sympathetic they could not find that Justice Quin was wrong.

In confirming the original 7- year prison sentence, Sir Richard Chadwick, President of the Court of Appeal, said, “It is impossible not to have sympathy for the appellant who has created a personal disaster but it is a matter we must put aside as required and dismiss the appeal.”

See iNews Cayman story published June 3 2013 “Man gets 7 years jail time for firearm possession” at: http://www.ieyenews.com/2013/06/man-gets-7-years-jail-time-for-firearm-possession/