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National sports shooter Robert Auerbach has won his lawsuit against acting Police Commissioner Stephen Williams over a six-year delay in considering his application for a Firearm Users’ Licence (FUL).
Delivering an oral judgment in Auerbach’s judicial review lawsuit in the Port-of-Spain High Court yesterday, Justice Vasheist Kokaram ruled that Williams had failed in his statutory obligation to either approve or deny Auerbach’s application within a reasonable time.
As part of his decision, Kokaram granted Auerbach an order compelling Williams to immediately grant him a provisional licence and to also consider the application for a full licence.
In the lawsuit, Auerbach, who has been representing T&T in trap and skeet shooting since he was 14 years old, stated that the licence is a vital part of his participation in the sport as it is required for training and competing in tournaments.
As a minor and young adult, Auerbach would use his father’s licence to participate but he was forced to apply for his own because his father was unable to attend events prior to his death in 2014.
Auerbach, who won a gold medal at the 21st Central American and Caribbean (CAC) Games in Puerto Rico in 2010, applied in December 2012.
Auerbach complained that over the past six years Williams never responded to the application despite several requests from him.
He claimed that as a result of Williams’ failure to process the application he could not access the Firearm Appeal Tribunal, which hears appeals from persons whose applications are rejected.
“Ultimately, as a patriot, and someone who is proud of T&T and wishes to see our national flag proudly displayed at a competition medal award ceremony, in particular for the sport which I love, this process and/or the conduct of Williams to fail and/or refuse to make a decision with regard to my applications is inexcusable, irrational and unreasonable,” Auerbach said in his affidavit for the lawsuit.
Auerbach, a former Coast Guard officer, also suggested that the licence would assist him in his new job of managing his family’s cocoa estate.
Auerbach was represented by Jagdeo Singh, Dinesh Rambally, Kiel Taklalsingh, Criston Williams and Lana Lakhan.