Firearms dealer sues CoP again over delay in import permits

FIREARMS dealer Towfeek Ali has received a High Court judge's permission to challenge the Commissioner of Police's failure to decide on two applications for firearm import permits.

On Wednesday, Justice Kevin Ramcharan granted Ali leave to pursue his judicial-review claim for a declaration that the commissioner's continuing failure to make a decision on his 2022 applications to import ammunition is unlawful.

Ali is also seeking an order for the court to direct the commissioner to make the decision within seven days of a ruling on his claim, and damages for the losses he continues to incur by his inability to sell the goods.

Ali also intends to initiate contempt proceedings against the commissioner for failing to comply with a court order to return a number of firearms and ammunition seized during an alleged 18-day audit of his dealership in October 2022.

On January 23, Justice Devindra Rampersad ordered the police to return the guns and ammunition to Ali. All but 500 rounds of ammunition were returned on February 3. In that action, Ali is challenging the legality of the alleged audit.

On February 17, a legal officer for the police said an investigation had been launched and the police were waiting for the outcome of that before they could provide a further response on the alleged disappearance of the 500 rounds of nine-millimetre ammunition.

Opposition MP Dr Roodal Moonilal has repeatedly raised the issue of the missing ammunition.

On Monday, a joint select committee of Parliament asked Commissioner Erla Harewood-Christopher about the status of the investigation, but she was excused from answering as the matter is before the court and deemed sensitive in nature.

In his latest lawsuit, Ali, who runs the Firearms Training Institute (FTI), in Chaguanas, contends the commissioner is vested with statutory powers under the Firearms Act to grant import permits for firearms and ammunition.

His notice of application said he has a dealer’s licence and a gunsmith licence, both since 1997. He has also received permission to hold weapon training courses for licensed firearm users and, through his business, has, since then, sold firearms and ammunition to hunters, farmers, sport shooters, the police service, the Defence Force, security companies, private individuals and the South Trinidad Rifle Association and supplied firearms and ammunition to the Agriculture Ministry’s praedial larceny unit and the Airports Authority.

The ammunition he imports is also used for training the prison service, and has been supplied to other gun ranges, among other things.

He imported firearms and ammunition from the US and several European countries and has been the exclusive Caribbean distributor of arms and ammunition manufactured by FN Hertstal of Belgium, one of the largest and oldest manufacturers which supplies NATO forces.

“The export of arms and ammunition is very closely monitored by all foreign national security agencies including the Department of Homeland Security in the US. The first intended claimant has been engaged in the purchase and importation of firearms, ammunition, accessories and security apparatus for well over 25 years,” the application said.

It also noted that in the past, Ali and FTI have imported millions of rounds of ammunition of various calibres and thousands of firearms, and none of these foreign companies have questioned his integrity or professional reputation.

The lawsuit set out the process for an import permit, which would usually take a month or two to get, before he can put in his order with his supplier and what happens when the ammunition is shipped to Trinidad.

His latest applications were made in June 2022, for some three million rounds of assorted ammunition. A month after not getting the permit, he wrote to the commissioner twice, in September and November, since certain gauges of ammunition were needed for resale to hunters during the hunting season, from October 1-February 28.

On November 10, 2022, he received a response from a legal officer of the police service, who asked for 14 days to ascertain the status of his applications. To date, he said he has not heard back from the commissioner’s office.

He also said he was forced to sell higher-load shotgun shells to hunters which are unsuitable for hunting and because they cost more, there was a significant drop in sales.

Ali contends the commissioner has acted with unreasonable delay.

He is represented by his wife, attorney Nyree Alfonso, Anand Beharrylal, KC, Kiel Taklalsingh and Asif Hosein-Shah.