A mother is querying the illegal possession of firearm charge against her 19-year-old son who, she said, did not have a firearm on him when he was held by the police.

She said when her son was arrested earlier this year it was his friend who was actually in possession of the firearm, and the policeman who arrested them admitted that in his statement.

"I am at a loss as to how my son could be charged with illegal possession of firearm when he was not carrying a firearm when he was held," she said.

"The police are saying that my son was present when his friend pointed a gun at a woman who was on her way home from work and robbed her of money. A policeman said he witnessed the incident and my son and his friend were arrested and charged with illegal possession of firearm and robbery with aggravation.

"This is really a puzzle to me because my son admitted to me that he did not have any gun and he did not know that his friend had a gun and was going to rob the woman. I just don't know how the police could arrest and charge my son when the very policeman is saying in his statement that my son was not carrying a gun."

Under the Firearms Act, a person who is in the company of someone who commits an offence with a firearm, can be arrested and charged with illegal possession of firearm and can be convicted if it is proven that he was present to aid or abet in the commission of the offence.

Section 20 (5) of the Firearms Act states in part that "Any person who is in the company of someone who uses or attempts to use a firearm to commit any felony," or any offence involving either an assault or the resisting of lawful apprehension of any person, "shall, if the circum-stances give rise to a reasonable presumption that he was present to aid or abet the commission of the felony or offence aforesaid, be treated, in the absence of reasonable excuse, as being also in possession of the firearm."