Mahaica businessman on bail over alleged shooting of customs officers

Posted By Stabroek editor On July 22, 2014 In Local News |

The Helena, Mahaica businessman accused of discharging a loaded firearm at officers from the Guyana Revenue Authority (GRA) was yesterday placed on $350,000 bail when he appeared at the Mahaicony Magistrate’s Court.

The court heard that on July 16, Harrrylall Motilall, 53, while in company of others at Airy Hall, Mahaicony, discharged a loaded firearm at Fabian Stuart, Jason Moore, Khemraj Murli and Garfield Scott with intent to maim, disfigure, disable or cause grievous bodily harm.

Motilall was ordered to surrender his passport and not to leave the jurisdiction. He is scheduled to return to court on September 3.

In a successful application for reasonable bail, attorney-at-law, Kim Kyte-John, informed Magistrate Sueann Lovell that her client is not a flight risk and if granted bail with conditions, he was the type of person who would abide by the conditions.

 Harrrylall Motilall

She submitted too that he has no reason not to be in the jurisdiction and that he would attend each court session.

The lawyer argued that during the course of the investigation Motilall was not placed on an identification (ID) parade. She said too that at the time of the incident which occurred at Mahaicony, her client was at his home at Mahaica resting and that he is innocent.

Police prosecutor, Corporal Graham objected to bail on the grounds of the seriousness of the offence. She said the GRA officials were performing their duties where smuggling activities were conducted.

She submitted that the workers were in the process of taking away three vehicles with the smuggled items when the accused drove up in a silver car and discharged several rounds. One of the workers was shot to the chest and right hand.

The shots were reportedly fired from an AK 47 weapon and a shotgun. According to the prosecutor, no ID parade was conducted but the defendant is known to the GRA officials and is no stranger to them. Further, she said Motilall is not licensed to carry a firearm and that unlawful possession of a firearm is not a bailable offence.

The lawyer inquired whether a charge was read for that offence and the magistrate responded in the negative. She then said that that prosecutor cannot rely on something that is not before the court to ask for bail to be denied.

She asked the magistrate to use her discretion and consider bail. Before making her decision, the magistrate asked whether the defendant had any previous convictions and was told that he never had any.

Reports are that the officials swooped down on the Mahaicony property belonging to 'Ramo' where 150 boxes of chicken were being discharged from three buses.

During that time the silver car appeared and the occupants opened fire at the GRA officers who returned fire. Five spent shells that were reportedly from an AK 47 gun were recovered while a few were recovered from the officials’ guns.