61-year-old former soldier, Swiss National Ernard Gerber, and his Swiss girlfriend, Brigitte Muller, were freed in court on a technicality, after being charged with possession of an assault rifle, without a firearms import license; as well as 80 rounds of 7.5 mm ammunition, 97 rounds of 9mm ammunition, 4 rounds of .22 ammunition, 5 rounds of 7.5 ammunition and 100 rounds of .22 ammunition without a valid license.
Gerber pleaded guilty to all seven charges, however his girlfriend pleaded not guilty. The prosecution then decided to withdraw charges against his girlfriend while proceeding with the charges against him. On October 18, 2019, a 20-foot container with items belonging to Gerber was opened by customs in Jimmit where he resides. Upon inspection, the assault rifle and carbine rifle along with 97 rounds of 9mm ammunition and 4 rounds of 22 ammunition were discovered. They were not declared by him and customs seized them, then reported the matter to the police. On October 26, 2019, the police, armed with a search warrant, went to the home of Gerber and his girlfriend in search of “illegal firearm and ammunition.” They found 100 rounds of .22 ammunition and 5 rounds of 7.5 ammunition. However, Gerber’s defense attorneys, Wayne Norde stated the following “From the facts presented by the prosecution; they did not prove if the defendant had a valid license. He was not asked if he had one and they did not inquire…no checks were made by the police to find out if he had a firearms license,” Norde told the court. “The burden is on the prosecution to prove its complaint as charged and they have failed, hence in the circumstances, the matter should be dismissed.” Considering the law, Magistrate Asquith Riviere upheld the submissions put forward by defense counsel Wayne Norde and said in his ruling, the law is clear. “A person who is charged is innocent until proven guilty and the prosecution must prove every element of the alleged offense or charge,” he posited. “He was not asked if he has a firearm and or ammunition license…the police was supposed to ask. The burden of proving its case never shifts and if they fail to prove, the case falls, notwithstanding the guilty plea,” Riviere stated. The police, he said, never asked Gerber if he had a firearm license and so he said nothing. “The court is not at liberty to assume…the prosecution must prove its case.He is under no obligation to provide incriminating evidence against him. In criminal law, there is no room for speculation,” the Magistrate said.
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