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Ex-sergeant sent to jail

A former sergeant in the then Bermuda Regiment was yesterday sentenced to 30 days in prison for possessing two rifle magazines.

Appearing in Magistrates’ Court, Jason DeCouto, of Paget, was also fined $800 for possessing 18.21 grams of cannabis.

At a previous court appearance on September 30, the 35-year-old admitted having two mini Ruger magazines in Paget on April 6.

DeCouto also pleaded guilty to having the controlled drug in Pembroke on the same date.

Prosecutor Alan Richards told the court in September that police officers were on duty with a canine unit when the dog alerted them to a car.

They could smell cannabis and 16 plastic twists containing plant material were seized from under the driver’s seat.

DeCouto was taken to Hamilton Police Station and the rifle components were found when his residence was searched later that day. They were located in a small white container that was in another container in a cupboard under the stairs in the living room. When questioned about the magazines, DeCouto told the officers that they were from his “Regiment days” and that he forgot to hand them in.

During the sentencing, defence lawyer Craig Attridge reiterated that his client forgot about the magazines but readily accepted responsibility for them when they were found.

He added that his client came into possession of the magazines lawfully, having been a sergeant in the Regiment from 2003 to 2004, and that he “accidentally came to bring them home”.

Mr Attridge said he did not keep them “for any nefarious or wicked purpose” and asked that the matter be dealt with by a conditional discharge.

Prosecutor Karen King said: “There was no criminal intent but he did exercise extremely poor judgment.” She added that he “should have taken reasonable steps to return or dispose of the magazines”.

Magistrate Archibald Warner accepted Mr Attridge’s submission that DeCouto came into lawful possession of the items but did not accept that he forgot about them.

Mr Warner added that persons convicted of firearms offences could expect an immediate custodial sentence.

He sentenced DeCouto to 30 days in prison for possessing the magazines and handed him an $800 fine for having the cannabis. Mr Attridge said he would be appealing the sentence and made an application for bail, which was refused.

Also in court, 24-year-old Rejay Johnston was fined $600 after he admitted possessing 2.59g of cannabis in Paget on May 24.

The court heard that the Warwick resident was stopped by police after they observed him driving on South Road in an unsafe manner.

Johnston was asked to produce his licence, at which point it was determined that there was a warrant out for his arrest.

He was arrested and cautioned, and the officers seized a clear plastic twist containing plant material from his trouser pocket.

In a separate matter, 59-year-old Joao Botelho, who admitted breeding a Yorkshire terrier cross type dog without a licence, was fined $400 when he appeared in court on Tuesday.

According to prosecutor Loxly Ricketts, wardens attended his Devonshire home with a warrant on June 19 and seized three puppies.

Also in court, Joshua Usher was handed a $200 fine for spearfishing within a mile of the Island’s shoreline.

Appearing in Magistrates’ Court on Monday, the 22-year-old Pembroke resident pleaded guilty to the offence that took place in Cobbler’s Cut on September 17, 2013.

The court heard that marine police observed two males diving in the area. They approached them and questioned them if they were spearfishing.

Usher replied: “Ya, my spear is broken. It’s over there on the rocks.”

When the pair were told that spearfishing within a mile of the shoreline is illegal, Usher said: “I didn’t know.”