recovered stolen bike frames which insurance companies did not want, Magistrates' Court heard yesterday.

But Police chiefs ordered the "unauthorised practice'' to cease immediately after the March arrest of an officer who went a step further.

The now ex-constable, Marcus Betschart, 23, narrowly escaped going to prison yesterday after he pleaded guilty to charges of theft and fraud.

His lawyer Mr. Mark Pettingill had cited a recent precedent in the case of banking executive Calvin Shabazz, sentenced to community service after being convicted of stealing over $100,000 from the bank.

Mr. Pettingill further submitted Betschart had paid back the victims of his crimes. And he had not used the "small amount'' of money for personal gain but to help pay his mother's medical bills.

The lawyer added that although there was "no excuse'' for Betschart's actions, "he crossed the line in relation to a practice, that although unauthorised, he saw going on as a junior officer of the Force.'' That "practice'' had not included stealing any bike or bike part as Betschart had, he stressed.

Mr. Pettingill said his client's biggest concern was that his actions would shed bad light on the Bermuda Police Force, for which he had worked for five years. But ironically, the lawyer said, they may shed good light because he was taken to court like any other citizen.

He added Betschart was an "outstanding'' Policeman who had lost a job he had hoped to keep until retirement.

After condemning Betschart's betrayal of the public's trust, magistrate the Wor. John Judge said he would consider a community service order.

"I must bear in mind sentencing principles of the (Supreme) Courts,'' he said. But he added: "The fact you had in mind getting money to assist your family in no way condones the method you used to achieve that end.'' Before he could sentence Betschart, Mr. Judge said he needed the benefit of a social inquiry report to see if he was an "appropriate person'' for community service. He extended Betschart's bail and ordered him back in court in two weeks.

Betschart had admitted that on September 29 he stole a Suzuki motorcycle worth $2,195 while a servant of the Force, and on January 22 he sold it to a man for $1,750 by falsely pretending he was the owner.

The court heard Betschart had been investigating the theft of a brand-new Suzuki when he got a call saying the bike had been found near Happy Valley.

Betschart picked up the vehicle fully intact and drove it to Prospect Police Headquarters, Crown counsel Mr. Diarmuid Doorly said.

"Mr. Betschart filled out an impounded-vehicle index card, but he lied on it saying he had recovered the bike in stripped condition,'' he said. "And instead of following normal procedure he lifted it out of the truck and took it to his private residence.'' Mr. Doorly said Betschart "stripped down'' the bike, taking off its engine, seat, muffler and other major parts. He then notified Colonial Insurance.

After examining the stripped bike, an agent deemed it "financially undesirable for salvaging by Colonial'' and let Betschart keep it -- as that was the "practice'', Mr. Doorly said.

He added the insurance company already had a number of stripped cycles it had thought were restorable, but had been unable to sell.

The company bought a new Suzuki for the owner Ms Edwina Johnson. However, she had to incur the expense of relicensing and insuring it.

Meanwhile, Betschart took the bike back to his house and reassembled it. In October he relicensed it in his own name.

Betschart advertised the bike for $1,995 in January in The Royal Gazette and eventually sold it to a man for $1,750 on the 22nd.

Mr. Doorly said that on March 12, Police acting on information received, confronted Betschart and informed him of their suspicions.

The prosecutor said Betschart readily admitted the crimes and made full restitution to his victims: $2,195 to Colonial, $562 to Ms Johnson and $1,750 to the buyer of the bike, which was seized by Police.

Betschart was suspended and then resigned from the Force, Mr. Doorly said. He added the "practice'' -- never "policy'' -- of keeping unsalvageable bike frames was "contrary to the discipline code of Police officers'', who are not allowed to use their character and position for personal advantage.

And upon hearing of the practice, the Force ordered it to cease and told insurance companies to no longer give Policemen first refusal for recovered stolen bike parts or frames they did not want. Mr. Doorly did not say whether the insurers were charging Policemen for the parts.

The prosecutor asked for a period of imprisonment, citing precedents that those who breach positions of trust should go to jail, and Policemen should be treated more harshly.

But Mr. Pettingill said times had changed and that the system was moving away from incarceration.

The recent Shabazz case was evidence, he said. Shabazz was let off with a community service sentence after being found guilty of stealing.

He had not showed remorse or paid back the money he stole as Betschart had.

He added his client had "suffered emotional depression'' from the loss of his job and pain he caused his family. "Can he be punished any more if he goes to prison?,'' he asked.