Fiona Mitchell, 32, acquitted of ammunition charge

Fiona Mitchell, 32, a food vendor of #4 Faber’s Road, was acquitted of unlicensed possession of ammunition in the Belize City Magistrate’s Court on Thursday, October 4.

She was charged after Police allegedly found a single round of 0.32 calibre ammunition in a pink and black bag with two straps, when they searched a house on Faber’s Road on August 16, 2011.

Magistrate Dale Cayetano upheld the no case submission made by Mitchell’s attorney, Brian Neal, and acquitted Mitchell of the charge. The prosecution had closed its case, after having called three witnesses.

Magistrate Cayetano also upheld Neal’s objection to the police search warrant being tendered as evidence, because it was not dated.

Neal further submitted that Mitchell arrived at the house about 30 minutes after the police had begun their search and there was no evidence that she lived there.

Neal also submitted that Police Constable Delmar Cassimiro’s testimony that the bullet was silver and brown, conflicted with Corporal Young’s testimony, who said it was shinny in color.

Neal argued that Casimiro’s written statement of August 16, 2011, made at the scene and which he signed the same day, spoke of what he did on August 17, 2011 and in November 2011. It said the bullet was of 0.38 calibre but he admitted he had not taken the bullet to the forensic lab.

Another charge  against Mitchell for aggravated assault and harm on a woman member of the Gang Suppression Unit was dismissed on Wednesday, because the case file was not available.

Mitchell’s common-law husband, Mark Lewis, 38, was charged jointly with her for the bullet, but he did not make to trial, as he was shot dead as he sat in his van in the parking lot of Belize Healthcare Partners Limited on February 2, 2012.

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