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Suspended jail sentences for Regiment soldiers

By Cathy Stovell Suspended prison sentences which amount to criminal convictions were handed out to four privates in the Bermuda Regiment yesterday.

Disquieted by the move, duty counsel Kevin Bean yesterday rose to his feet in the plea court session of Magistrates' Court.

Admitting that the sentences were "truly troubling'' him, Mr. Bean pointed out that the convictions may hamper the men in their efforts to study overseas in the future.

He noted that most of the men were very near the end of their tours of duty and pointed out that it seemed a harsh penalty for them to bear for a service they may have only done grudgingly.

"I say this not for sayings sake but because it truly troubles me in my soul that they will have criminal convictions,'' Mr. Bean said.

Senior Magistrate Will Francis imposed the sentences as he informed the five soldiers that regimental duty is a legal requirement and cannot be shirked because of personal views.

All five men were described as frequent offenders of Regiment regulations and, according to prosecutor Veronica Daley, all internal Regiment discipline procedures had been exhausted in each of their cases.

Only one of the five denied the charges against him.

Twenty-two-year-old Andrew Kemp, of Littleholme Lane in Southampton, claimed he had completed 12 days of extra service and said he had paid a $725.88 fine levied against him.

He was bailed in the sum of $500 to appear again for mention in two weeks.

Twenty-two-year-old Andre Bean, of Verdmont Valley, Smith's Parish, explained that his failure to attend duty was because he did not have any transport and did not take public transport.

"When I first started I didn't want to go so I would just not go,'' he said.

"But I've changed. I turned myself in at the Regiment and I got a job which will help me to buy transportation to be able to attend.'' Mr. Francis told Bean his explanation was not impressive and informed him that soldiers had been attending Warwick Camp before motorised transport existed in Bermuda.

"You are making me think that you are lazy and a lazy soldier is no good to anyone at all,'' Mr. Francis said. "They cannot defend anything.'' Faced with being sent to prison, 28-year-old Joseph DeRosa, of Scenic Heights, Southampton, quickly promised to abide by the law.

DeRosa claimed that his newborn daughter, combined with his building a house on his own, were reasons he missed several days of regimental duty.

Explaining that he needed the money he earned from a night job to pay off his bills, 28-year-old Derek Furbert, of 10 Camp Road, Warwick, admitted he had not explained his circumstances to officials at the Regiment.

Anxious not to be imprisoned, he told Mr. Francis: "My boss has given me a leave of absence for this month to complete these days.'' Twenty-three-year-old Cheky Praise Evans, of Friswell's Lane, Pembroke -- who is slated to complete his duty in February -- was adamant that the Regiment was simply not for him and had never been.

He explained to Mr. Francis that a traffic accident in July had left him disabled and attributed his non attendance to that.

Three of the men, Bean, DeRosa and Furbert received two months, six months, and four months in prison, respectively, suspended for 24 months.

Evans received a three-month sentence suspended for six months.