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Tonight, he may still be in prison, but Elmer Nah probably sees himself as one step closer to freedom after he won a major case in the lower. court.
After two years of court proceedings, charges for possession of unlicensed ammunition were dropped today for Cpl Elmer Nah, his common law wife, Epifania Caliz, and her brother Manuel Caliz in the Belize City Magistrates court.
This is the case that arose after Nah and those two were intercepted by police on the southern highway - allegedly with unauthorized ammunition. This was days after the Bladen drug plane landing in November of 2021 - in which Nah was accused of conspiring to land the plane.
Indeed, he cares a slew of charges, but tonight - he has one less. Jomarie Lanza was eat court today:
Today Elmer Nah along with his common law wife Epifania Caliz and her brother returned to court in Belize City to hear the verdict in the trial for ammunition charges.
The trio lined up before Senior Magistrate Baja Shoman just before midday where they were found not guilty of keeping unlicensed ammunition.
Chief Prosector Alifa Elrington said her office will appeal on what she considers firm grounds because the plain fact is that Nah was on vacation at the time of the incident:
Alifa Elrington, Prosecutor
"The evidence for the crown for the prosecution has always been that Mr Nah was on vacation, Mr Nah testified that he was on vacation. The court having found that he got called for to report to duty still in my opinion does not come under section 33 which would then have allowed him to be in possession of ammunition that was not assigned to him by virtue of the belize police department or by virtue of law. Section 33 is specific that you are in possession of a firearm if you are going to be doing your duty at that point that he had initially been in possession of the firearm and the evidence that came out when he found our that he wa sin possession of the firearm he was not on duty and he was not on duty with firearm or ammunition that was assigned to him and apart from a 9mm firearm he was not charged for under the circumstance so our position still remains that he wa sin possession of ammunition that he should not have been in possession of."
"At this point that is my initial position that I will appeal the decision of senior magistrate Shoman but again I do have to go back and make sure that I look over and I will wait for a copy of her written decision under the circumstances."
Nah's and Caliz's attorney Dickie Bradely is of the view that no crime was committed because the matter of failing to sign in and sign out ammunition from the department's armorer is an internal matter in which there are provisions for officers to carry guns and ammunition.
Reporter:
"So Ms. Elrington says that they will make an appeal"
Dickie Bradley, Attorney
"They always do that malicious they always do that."
"The police were wrong from the get go to charge all three persons and have them subjected to what they were subjected to. You all know that when they charge you for ammunition and firearms you automatically go to jail. The time has come for that law to be amended. That is unfair to hundreds and hundreds of citizens in this country when you are charged its an allegation against you, you till hear a public release from the association of some 18 or defense lawyers who are convinced in their minds that oe at the supreme court there is a marked difference where it's almost like a special effort to deny bail to the citizens of Belize, when you are charged by police it's an allegation against you it can't be fair that you must go to jail for a minium of 90 days and the court is being encouraged not to interfere in the 90 days period if the case has to do with an indictable offense it means hundreds and hundred of people will remain in jail longer than 90 days."
"What they are trying to say is that no police officer can have ammunition or guns or bullet proof vest that is what they are trying to say when they tell you"
Reporter:
"No that's not properly signed out."
Dickie Bradley, Attorney
"Noooo that's not a crime"
Reporter:
"He hadn't been the one to sign it out and the magistrate admitted that there was serious breach of the internal procedures of the department."
Dickie Bradley, Attorney
"That is not a crime, THAT IS NOT A CRIME, That is not a crime understand that if the police made you sign out for the gun or sign out that is an internal matter we are talking about a criminal charge that will land you in jail for a minimum of five years i'm sorry that they don't pick that up i'm sorry that they don't pick that up. How many innocent people are facing time when there has been no crime that has been committed."
Reporter:
"There are procedures that."
Dickie Bradley, Attorney
"IT'S NOT A CRIME, listen hold on a second and lets get this clear if an armorer gives a police officer a firearm and never made him sign for it there is no crime committed. If an officer allows other officers to go there and get ammunition for a gun no crime has been committed. These are not civilians, these are police officers who are authorized to carry gun and bullet and to use it."
Manuel Caliz was represented by Attorney, Leeroy Banner while Epiphania Caliz was represented by attorney, Dickie Bradley while Nah was unrepresented. Alifah Elrington is the head of the prosecution branch.
