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Ex-fireman locked up after failing drug court

A drug-addicted former firefighter and medical technician was sentenced to six months imprisonment and three years of probation after he defrauded three seniors of $1800 in 2003.

Kenneth J. Burgess, 42, of Summit View Drive, Hamilton parish, was installed in the Drug Treatment Court Programme rather than be sent to prison on June 4, 2003.

Burgess pleaded guilty before Puisne Justice Geoffrey Bell to defrauding Arthur E. Burt of $225 by falsely pretending he was the son of Vernon Swainson in Hamilton Parish on September 5, 2003.

Burgess also admitted to pretending to be Mr. Swainson's son again on October 16, 2002 and defrauded Howard G. Crockwell of $325 in Warwick.

And on December 18, Burgess defrauded Dr. Barbara Ball of $1,250 in Devonshire by falsely pretending he was the grandson of Molly Burgess.

In Supreme Court yesterday Crown counsel Cindy Clarke said a warrant was put out for his arrest on March 9, 2005 after he failed Drug Court.

Police arrested him on June 15, 2005 and he was committed to the Supreme Court for sentencing a week later.

Ms Clarke said the maximum sentence for fraud by false pretences was seven years but she asked that Burgess be given a 12 to 18 month prison sentence followed by three years probation.

She said an immediate custodial sentence should be imposed because Burgess had been given the chance to get off drugs but refused to comply.

However, defence lawyer Leo Mills said his client was going to pay $1,800 to the vulnerable seniors as compensation.

Mr. Justice Bell said Burgess' rehabilitation period was marked by instances where he came off the rails.

But Mr. Mills retorted Burgess had completed 80 percent of the phases of Drug Court.

Mr. Mills said Burgess had been on remand and even though people heard that illegal drugs had made their way into Westgate, Burgess had kept on the straight and narrow since June.

"He he was at liberty, he was a firefighter and emergency medical technician," Mr. Mills said, adding his client was contacted by the hospital yesterday with a possible job offer.

During the sentencing Mr. Justice Bell said he gave particular regard to Burgess' future employment possibility and partial success at Drug Court.

"The court is giving you one more chance and it is likely to be your last chance," Mr. Justice Bell warned. "If it is not possible for you to stay clean, expect to be dealt with more severely."