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News
November 6, 2016

Data entry error causes gun licensing mix-up with Patrick Powell, cop

KINGSTON, Jamaica — The Jamaica Constabulary Force (JCF) has said that reports that two licences were issued for the same firearm to Patrick Powell and Inspector Patricia Powell, was due to a data entry error.

Patrick Powell was recently acquitted of the 2011 murder of 17-year-old schoolboy, Khajeel Mais.

“Concerning reports that two licences were issued for the same Walther 9mm pistol, the JCF is now satisfied, based on thorough investigations, that a data entry error, due to similar names, was responsible for this development,” the JCF said in a news release Monday.

The JCF said Inspector Patricia Powell was granted a licence in respect of a Walther 9mm pistol in the Manchester Division in 2004, and has been the sole person licensed to carry that weapon.

In 2011, when the error was first detected, Assistant Commissioner of Police Ealan Powell interviewed her and was satisfied that she was the sole owner of the weapon, the release stated.

“There are no records in Manchester indicating that Mr Patrick Powell was ever granted a firearm licence there or for the firearm in question,” the JCF said. “In fact, it has always been the case that his firearm was a Glock 9mm pistol.”

The JCF said contrary to claims by the Firearm Licensing Authority (FLA) that they were supplied with information by the JCF from its database on October 26, 2016, the JCF is refuting that any information was supplied to the FLA.

As noted previously, the JCF said it no longer maintains a database in respect of licensed firearms and licensed firearm holders.

“Inspector Patricia Powell is an outstanding member of the JCF whose conduct has never been questioned. She is not related to Mr Patrick Powell or with the case in which he was recently acquitted. It is also to be noted that her Walther 9mm pistol is not connected in any way with the case or with Mr Powell,” the JCF said.

The JCF also set out a timeline in order to clarify the FLA issue.

See the JCF’s statement in full below:

The Jamaica Constabulary Force (JCF) seeks to offer further clarity on issues arising from a statement released by the Firearm License Authority (FLA) on November 1, 2016 on the matter of firearms licensed to Mr. Patrick Powell who was recently acquitted for the murder of the 17-year-old schoolboy, Khajeel Mais.

It is to be noted that prior to the creation of the FLA in 2006, the JCF was responsible for issuing firearm licences in Jamaica. As part of that mandate, the JCF maintained a database on the holders of firearm licenses, as well as the licensed firearms. Between 2004 and 2006, the JCF employed a System Analyst and Software Engineer who developed and administered an electronic Firearms Database on behalf of the JCF.  

Following its establishment in 2006, the FLA took over all responsibilities for the issuing of licences from the JCF. In April 2006, the electronic database was also handed over to the FLA and no portion was retained by the JCF. The System Analyst and Software Engineer who developed the electronic database for the JCF was hired by the FLA, and he took the electronic database with him when he left for the FLA. In sum, the electronic database has been held solely by the FLA since 2006 and the JCF has no access to the database at the FLA.

The JCF is also refuting recent claims by the former Chairman of the FLA, Mr. Errol Strong, during an interview on Nationwide Radio, suggesting that the FLA was unable to revoke Mr. Patrick Powell’s firearm licence because the JCF investigators had not provided FLA with the documents that were requested. The JCF is making it categorically clear that all information requested by the FLA was provided and documentary proof exists to support this claim.

Below is a summary of the actions of the Criminal Investigation Branch (CIB).

July 11, 2011 – A Deputy Superintendent of Police attached to the CIB visited the office of the Major Investigations Task Force where Patrick Powell was being questioned in relation to the shooting death of Khajeel Mais. Mr Powell was requested to hand over his Glock 9mm pistol, but he refused.

July 19, 2011 – Mr Patrick Powell was visited at the Horizon Adult Remand Centre and was again requested to hand over his Glock 9mm pistol, and again he refused. He was charged accordingly.

August 11, 2011 – The CIB wrote to Mrs Donna Graham-Gayle, then Chief Executive Officer of FLA, requesting the revocation of the Glock 9mm pistol ESS673, issued to Patrick Powell, pursuant to section 36(1) of the Firearms Act. The grounds on which the recommendation was made were listed in the letter, which included his refusal to hand over his licensed firearm for inspection in breach of section 39(4) of the Firearms Act.

August 31, 2011 – The CIB wrote to Mrs Graham-Gayle, once more requesting the revocation of the firearm in question. The correspondence referred to a telephone conversation that was had with her earlier that day treating on the revocation of the firearm. During the conversation a verbal request was made for a statement from the investigating officer. That statement was submitted to the FLA the same day.

Although requests were made orally and in writing by the CIB, the FLA did not respond to any of the correspondence between 2011 and 2013.

January 28, 2014 – The Police wrote to Mrs Graham-Gayle for a third time, on this

occasion, seeking confirmation if Patrick Powell had renewed his licence and to re-submit the request for its revocation if it had not already been done. The statement, which was requested and first submitted in August 2011, was also resubmitted to the FLA.

Regarding the Smith and Wesson .38 Revolver BFN6604 which was issued at St Andrew North Division in November 1990, the matter is still under investigation and the results will be made known to the public as soon as they come to hand.  

Inspector Patricia Powell

Concerning reports that two licences were issued for the same Walther 9mm pistol, the JCF is now satisfied, based on thorough investigations, that a data entry error, due to similar names, was responsible for this development.

Inspector Patricia Powell was granted a licence in respect of a Walther 9mm pistol in the Manchester Division in 2004, and has been the sole person licensed to carry that weapon.  In 2011 when the error was first detected, Assistant Commissioner of Police Ealan Powell interviewed her and was satisfied that she was the sole owner of the weapon. There are no records in Manchester indicating that Mr Patrick Powell was ever granted a firearm licence there or for the firearm in question. In fact, it has always been the case that his firearm was a Glock 9mm pistol.

Contrary to claims by the FLA that they were supplied with information by the JCF from its database on October 26, 2016, the JCF is refuting that any information was supplied to the FLA. As noted previously, the JCF no longer maintains a database in respect of licensed firearms and licensed firearm holders.

Inspector Patricia Powell is an outstanding member of the JCF whose conduct has never been questioned. She is not related to Mr Patrick Powell or with the case in which he was recently acquitted. It is also to be noted that her Walther 9mm pistol is not connected in any way with the case or with Mr Powell.

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