Contrary to allegations by defence lawyers in court that the Island?s only homeless shelter was turning away clients, the Salvation Army?s Marsh Lane Emergency Housing Complex is still accepting people. The Salvation Army reduced the number of emergency beds at its shelter in Pembroke, from 72 to 60 three months ago.

Faced with imprisoning a wheelchair-bound and homeless man, Magistrate Carlisle Greaves yesterday followed the advice of concerned lawyers ? one of whom said the shelter was turning people away ? and handed down a conditional discharge for stealing $29.17. The 12 emergency beds in a dormitory are being used for people entering a programme who want to change their lives and make the transition into employment and mainstream living.

But Major Lindsay Rowe, the head of the Salvation Army in Bermuda, said this reduction had not resulted in homeless people being rejected.

?We are certainly running close to capacity,? he told . ?But I haven?t had any reports of people coming and not being able to find accommodation. We have not found that by making this move that we have made people homeless in any way at all. But the real issue is not just emergency housing, it is the absence of affordable housing. People leaving the shelter have no (permanent housing) to go to and they should have graduated beyond that some time ago.?

Vicmon Benjamin, 36, of no fixed abode, admitted breaking into the Hospital?s Auxilliary?s Pink Cafe at the King Edward VII Memorial Hospital and taking money from the cash register at 6 p.m. on Tuesday. Hours later, the court heard that Police officers arrived at the scene to find Benjamin still inside the cafe with the contents of the cash register spilled onto the floor.

Lawyer Llewellyn Peniston told the court that Benjamin was challenged and had ?a momentary lapse of weakness? when he broke into the cafe. Mr. Peniston told the court his client was addicted to heroin and was looking for money so he could take a taxi.

?I would recommend your honour to look at a social remedy as opposed to a harsh penalty,? said Mr. Peniston. Mr. Greaves asked Benjamin if he had financial assistance from Government and other particulars, to which Benjamin replied that he was receiving $200 from Government?s Financial Assistance Department. He also goes to the hospital where he stays on a temporary basis. ?I sleep in my chair on Court Street,? said Benjamin. ?Or in a car with my father.?

Mr. Greaves told Benjamin to ?be dramatic? and go out in front of the Cabinet building in his wheelchair to make a statement to the Government.

Other lawyers also expressed their concern for the defendant including, Peter Farge and Ed Ball, who told Mr. Greaves the Salvation Army Shelter was filled to capacity and Benjamin did not have anywhere to go.

?This is a sign of the increasing number of people in the community who are becoming displaced,? said Mr. Peniston.

Mr. Greaves sentenced Benjamin to 12 months conditional discharge on the basis that he is well-behaved, adding: ?I?m a judicial officer, not a social worker, the only institutions available to me are West and East (Westgate Correctional Facility in Sandys Parish or St. Brendan?s mental health facility in Devonshire).?

Maj. Rowe said the Salvation Army decided to use the 12 beds for a programme designed to break the cycle of people with problems who continuously end up homeless.

The programme is designed to teach homeless people lifestyle skills such as applying for jobs and managing their lives better.

?We hope that people on the programme will be moving on a regular basis back into the community, allowing others to come in,? said Maj. Rowe.