Acting Senior Magistrate Carlisle Greaves has complained that his hands are tied over how to deal with two St. Brendan's Hospital out-patients who consistently re-offend.

In separate proceedings in Magistrates' Court, Earl Rashon Smith, 24, who lives at the Salvation Army Harbour Light facility, pleaded guilty to trespassing on King Edward Memorial VII Hospital property.

While Troy Outerbridge, 39, who also lives there, pleaded guilty to stealing a cell phone and charger on August 31.

But a frustrated Mr. Greaves said last Wednesday that his hands were tied with the amount of punishment he could dish out to the men.

"All of these homeless wanderers that we are getting - we had a number of them on Tuesday and now these men today," he said. "This is a problem that the courts cannot fix. You cannot lock up these people - It's a waste of time and a waste of space. They cannot pay the fines, and all I can do is either give them a discharge or probation. All the resources that we have, cannot fix persons like that."

Smith, who had a history of trespassing on hospital property, is an out patient at St. Brendan's and regularly visits KEMH to receive treatment for diabetes.

However, Crown counsel Shade Subair told the court that Smith, who arrived on the property at 5.20 a.m. Wednesday, has made himself a regular nuisance in the past.

And he has been served a registered letter forbidding him from entering the property unless it was for treatment.

"I was not trespassing," Smith said. "I was just simply trying to get to the hospital early to get my medication your honour. All I wanted was some Tylenol."

"All we can do at this present time is let them go," Mr. Greaves said. "What else am I supposed to do with a sick man?"

Outerbridge was arrested by Police on August 31, after he admitted stealing a cell phone and charger from a parked van on Trott Road in Pembroke.

Outerbridge, who was fidgeting and shaking before Magistrate Greaves, said he was under several different medications, and stole the phone to sell it and buy food.

Mr. Greaves said: "I don't know what I am going to do with you."

Mr. Greaves gave Outerbridge an absolute discharge.