Prosecutors have been unable to locate a man who they say should have been jailed instead of fined for possession of an unlicensed handgun.
On January 21, Karl Cuis, who also spells his surname as Cius, pleaded guilty to possession of an unlicensed firearm and possession of ammunition when he appeared before Magistrate Algernon Allen Jr.
He was ordered to pay a $10,000 fine to avoid spending two-and-a-half years in prison. Cuis was also fined $2,500 with a default sentence of 12 months in prison.
Prosecution filed a notice of appeal on the grounds that the sentence was wrong in law.
The matter was called in the Court of Appeal yesterday. However, prosecutor Linda Evans informed Justices of Appeal Stella Crane-Scott, Carolita Bethell and Roy Jones that authorities had been unable to find Cuis to serve him with the notice of intention to appeal.
Crane-Scott pointed out that the prosecution had another hurdle to overcome as the appeal was not filed on time.
Evans said that she intended to make an extension of time application.
The matter has been adjourned to July 4.