back to Westgate.

But Senior Magistrate Archie Warner only gave Wayne Eugene Smith a three-month sentence, suspended for two years for stealing a mobile phone and $80 from one of the Clayhouse apartments in North Shore Road, on December 16 last year.

Under the law Magistrates are not obliged to send a prisoner back for breaking parole -- instead it is a matter for the prison authorities.

Smith, 34, of no fixed abode, was on licence from Westgate after being released from prison in September 2000 for robbing a person of $20 in 1996.

Smith had served four years of an eight-year sentence.

Last week in Magistrates' Court, he pleaded guilty to breaking and entering last year but was unable to tell Mr. Warner why he had done it.

He said: "I already accept I am going back to Westgate. I violated parole.'' Mr. Warner asked him: "You want to go back to Westgate?'' Smith said no, to which Mr. Warner replied: "You are released on parole which indicates they don't want you back there either.'' He gave Smith the suspended sentence and said: "I am sure you won't be surprised if they come looking for you but it's nothing to do with this court.

He's free to go.''