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February 24, 2022

Man freed of illegal firearm charge after prosecution’s key witness fails to show up in court

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Posted: Thursday, February 24, 2022. 5:59 pm CST.

By BBN Staff: A man charged over two years ago for illegal possession of a firearm with no bullets, walked out of the Belize City Magistrate’s Court a free man today.

Melvin Davis, who was charged for keeping a firearm without a gun license back in 2019, appeared with his attorney Norman Rodriguez to hear that he did not have a case to answer to.

The allegation made against him was that he was found at a dance in May Pen Village with the weapon on him. He maintained that he was innocent, and his attorney said that if the case had gone to trial he would have raised serious concerns about the testimony of the prosecution’s key witness, Sergeant Emmanuel McFadzean.

However, McFadzean, now retired from the Belize Police Department, never showed up in court. The prosecution said that he was summoned but learned that he had “left the jurisdiction,” and did not know when or if he was ever coming back.

With that, Senior Magistrate Tricia Pitts-Anderson told Davis he was clear of the charge and free to leave.

Outside of the court, Rodriguez explained that Davis was sitting in the pan of a pickup truck parked near where the May Pen dance was being held when shots rang out in the area. McFadzean and several others approached the pickup and say that the firearm was in the pan of the pickup along with Davis, and that is why he was charged.

However, Rodriguez said a number of facts presented by the various witnesses did not add up, and that Davis was only in the back of the pickup because he had been hit to the head and blacked out. Rodriguez says that when Davis came to, McFadzean was there arresting him for the fire arm.

We also learned outside the court that with his name cleared, Davis, a driver for a government ministry, will be receiving back pay for the years he was on half salary due to the incident.

 

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