Computer expert fails to persuade magistrate
A computer expert with the Bank of N.T. Butterfield, who has to be on call for Millennium bug problems, failed this week to persuade a magistrate not to ban him from driving cars after he was caught speeding at 76 kph.
Byran Dowling, the director of the bank's Y2K project, begged to be allowed to keep his licence because he will have to be on half an hour's notice for Millennium bug failures.
But Acting Magistrate Tyrone Chin said it would send the wrong message to the public if he did not ban Dowling for driving at such excessive speeding.
Dowling's lawyer Carlsen Philip said his client was a man of upstanding character, who represented Bermuda at athletics and who commanded a great deal of respect.
The offence was a one-off and he pleaded with Mr. Chin to exercise leniency and impose a heavy fine of $1,000 rather than a ban.
Dowling, 42, of Friswells Road, Pembroke, pleaded guilty to speeding in his Toyota car on North Shore Road, Hamilton Parish, in March.
Mr. Philip said: "We humbly admit that he has done a fundamental wrong and we plead guilty to that and beg for mercy. But this would deprive him of something so crucial to his livelihood.
"He's on call on a daily basis at every hour. Punitive action must be taken, but there is a degree of latitude. A slip like this should not be a blemish on his character and impede his development.'' Rejecting the plea to allow Dowling to continue driving cars, Mr. Chin replied: "What message would that send out? He is not a teenager expending excess energy on his bike.
"I will have to send a clear message to the public at large that speeding at this level will not be tolerated.'' Mr. Chin said he could fine Dowling $400 and ban him for no more than two years for a first time offence. However, he exercised balance by banning him from driving cars only for nine months and fining him $650.
Dowling told the court that he did not dispute that he was speeding, but he added: "In the Y2K project, of which I am director, I'm expected to be on a half hour call for any problems that might arise and I ask, if at all possible, that the sentence (recognises) my responsibilities to the bank.'' Mr. Chin replied: "I recognise what you are saying but that would be irregular. I have a responsibility to the public and I have exercised my discretion. You still have the privilege of renting a motorbike or buying one.
"I have a duty to the public and other speeders that there has to be some kind of punishment meted out. A lot of other people have similar responsibilities, not only workwise, but family, and they have to face the consequences.''
