Details allegations of corruption, impropriety and irregularities at the firearms regulator
Durrant Pate/Contributor
More than nine weeks after submission to Parliament, the Integrity Commission (IC) damning report on its probe into corruption, impropriety and irregularities at the Firearms Licensing Authority (FLA) has finally been tabled.
The probe unearthed varying irregularities and possible corruption in the storage of firearms and ammunition and the issuance, variation and revocation of firearm licences at the FLA. The 131-page report and appendices detected improprieties, significant anomalies and almost 200 rounds of ammunition belonging to a private firearm holder being unaccounted for.
The IC’s investigation commenced in June 2021 following receipt of a report alleging corruption, impropriety and irregularities in the storage of firearms and ammunition and the issuance, variation and revocation of firearm licences at the FLA. The probe found accountability issues in relation to the storage of ammunition at the FLA’s main vault located at the entity’s Headquarters amongst other governance concerns.
Probe triggered by anonymous electronic mail
By way of an anonymous electronic mail received by the IC’s Director of Information and Complaints on May 31, 2021, it was alleged that a Firearm Dealer, John Elliott gun shop was shut down for numerous months but miraculously reopened after, he paid a hefty half-a-million dollars under the table to have it reopened.
However, the IC was unable to resolve the allegation that John Elliott corruptly paid five hundred thousand dollars to anyone at the FLA to have his business reopened because he died shortly after the commencement of this investigation. This prevented the IC, Jamaica’s primary anti-corruption agency from exploring the referenced allegations with him.
It is also alleged that another Firearms Dealer, Kent Brown was being unfairly targeted in having his Gunsmith Licence and two Firearm Dealers Licence revoked pursuant to Section 84 of the Firearms (Prohibition, Restriction and Regulation) Act, 2022. Given the evidence obtained throughout this probe and preparing an Investigation Report, the IC’s Director of Investigation (DI), Kevon A. Stephenson, “is sufficiently satisfied that the basis of the revocations was fair and just.”
All three revocation orders stated, inter alia: “the reason for this revocation is because the investigation has unearthed circumstances with which the board is extremely uncomfortable and from all indications, the holder’s integrity and fitness have now rendered him unsuitable to be in possession of firearms and ammunition.” The DI further acknowledges that in this instance, “the FLA did not act ultra vires to their statutory authority in revoking the licences.”
Missing firearms and ammunition from FLA vaults
Regarding missing firearms and Ammunition from the vaults of the FLA, the DI concludes that up to June 23, 2021, the FLA had 1,224 firearms and firearm parts stored for destruction and there is no evidence to support the allegation that any of the firearms and/or firearm parts stored for destruction by the FLA are unaccounted for. However, the IC’s probe found that 191 0.22 rounds of ammunition belonging to a private firearm holder are unaccounted for at the FLA’s main vault up to June 13, 2023.
“The DI’s conclusion is premised on the fact that the respective storage bag labelled as containing five hundred and nineteen 0.22 rounds of ammunition was found to contain two hundred and nineteen 0.22 rounds of ammunition. A further one hundred and nine 0.22 rounds of ammunition were found amongst an assortment of ammunition,” the report stated.
It is important to note that there was no clear indication from the FLA that the one hundred and nine 0.22 rounds of ammunition that were found amongst the assortment of ammunition belonged to the private firearm holder. Notwithstanding, 191 of the total amount of five hundred and nineteen 0.22 rounds of ammunition remains unaccounted for.
The DI further concludes that the FLA failed to adequately maintain the inventory stored in their main vault and that there ought to be greater accountability in the storage of firearms and ammunition by the FLA. This is premised on the fact that only 17% of the 4,103 entries on the Electronic Vault Management System were checked and significant anomalies were detected, most noteworthy of which is ammunition being unaccounted for, as well as the deteriorating storage bags found.
FLA’s LMS was manipulated
The IC investigation concludes that the FLA’s Licence Management System (LMS) was manipulated with the appearance that inaccurate information was inputted in Kent Brown’s LMS account. This is based on evidence that Shevon Robinson, former Database Administrator at the FLA, made four entries to the LMS of Brown, of three individuals purchasing a total of six thousand 12 Gauge bird hunting ammunition without the request or consent of Brown.
Two of the alleged purchasers did not possess the requisite permits from NEPA in order to make the alleged purchases. One of the alleged purchasers stated that he had never done bird hunting and had never purchased bird hunting ammunition.
The second alleged purchaser admitted to participating inn bird hunting but had not done so since 2015. The confirmed death of the third alleged purchaser who died approximately three weeks before he allegedly purchased 2000 rounds; 1000 in two instances, coupled with the fact that at the material time, he was in possession of a temporary licence, which would not permit him to purchase ammunition.
This further supports Brown’s account that the LMS was manipulated to reflect incorrect data to his detriment, which is sufficient basis for a reasonable and detached observer to form the view that he was being targeted by the FLA. The DI’s conclusion is premised on the fact that without any reasonable justification or Brown’s request or consent, Shevon Robinson made what appears to be inaccurate entries to Brown’s LMS.
These entries, the report contends had the potential to cause adverse consequences for Brown’s business operations. Further, and as has been established that one of the three individuals, who is alleged to have purchased 2000 rounds was deceased at the material time. The other two individuals have denied purchasing said rounds.
This is consistent with Brown’s account that the sale of the referenced rounds to the individuals identified did not occur. The DI is however unable to conclude whether Brown was targeted because he did not pay two million dollars to Mr. Elsworth Callum, former Senior Compliance Officer at the FLA, as was alleged.
The DI notes that the instruction, if any, to input and the act of inputting what appears to be fabricated information prima facie constitute a breach of section 5 of the Cybercrimes Act. Ordinarily, this matter would have been referred for prosecutorial consideration, Stephenson argues that given certain evidentiary gap occasioned by the reported failure of FLA’s server, no such referral is being made.
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