Hold It In: Police alleged that man possessed firearm under the influence of alcohol but because he refused to give urine sample Court threw out the case

By Breaking Belize News Staff: A Belize City man walked free on Monday after the Chief Magistrate ruled that the facts presented by police did not support charges of possessing a firearm while under the influence of alcohol or drugs and failing to provide a specimen.

Dijon Jamaal Smith, 32, of Flamboyant Street, was initially remanded to the Belize Central Prison after pleading not guilty to the firearm-related offences. He was later returned to court after indicating that he wished to change his plea to guilty.

However, the Chief Magistrate declined to accept the guilty plea, finding that the prosecution’s account did not contain sufficient facts to establish the offences. The court noted that no urine or blood test had been obtained to prove that Smith was under the influence.

Police alleged that at approximately 1:26 a.m. on Monday, August 3, officers pursued a white Chevrolet Equinox that was reportedly travelling at high speed in Belize City. The vehicle was eventually stopped on Heart Street.

During a search, officers found a licensed firearm fitted with a drum magazine. Smith subsequently produced a valid firearm licence, but officers alleged that his speech was slurred and that they detected a strong smell of alcohol on his breath.

He was taken to the Karl Heusner Memorial Hospital, where police said he refused to provide a urine or blood specimen. Officers later removed and counted 43 live 9mm rounds from the firearm’s magazine.

The court raised several procedural concerns, including whether Smith was provided with a suitable private facility to give a urine sample and whether he had been clearly informed that refusing to provide a specimen constituted an offence.

The Chief Magistrate ruled that a guilty plea could not be accepted where the underlying facts failed to establish the essential elements of the charges. Both matters were consequently dismissed and Smith was released.

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