Admitted addict presents winning defence in appeal
He may not have convinced the Chief Justice he was not high, but admitted addict Keith Gordon effectively held his own against a Crown prosecutor yesterday.
Gordon was able to have a two week prison sentence upheld yesterday after defending himself, against a Crown appeal of a time served sentence for breaking and entering.
And while Gordon complained of media attention -- he is the brother of Opposition Leader Pamela Gordon -- he spoke eloquently and matched wits with Crown Counsel Patrick Doherty.
Mr. Doherty appealed Gordon's sentence by Magistrate Archibald Warner for two weeks for breaking and entering a Pembroke apartment on February 10, 1999.
Mr. Warner sentenced Gordon to "time in custody'' for the break-in. Another man was convicted for the offence. His sentence is not known.
But Gordon claimed he had served his time as directed by the magistrate and repeated for Mr. Justice Ward his role in the break-in.
"I was a passer-by of that premises when my acquaintance who pleaded guilty to breaking and entering invited me in to what I thought was his apartment,'' Gordon told the court.
"The stereo was blasting, the television was on, and he invited me to a beer,'' he continued, "I had no prior knowledge that he was not the occupant.
I was aware he was the occupant of a residence somewhere on that alley.'' He added: "I made a tremendous error. The Beck's was hot. I didn't even like it. He later gave me items for a celebration I was having. Money and those things were stolen as well but I am here again for a $1.50 beer.'' "I had no idea. He admitted that he and he alone broke and entered,'' Gordon continued. "Mr. Warner said he would sentence me to time served on remand. He called it `calming the waters'.
"I did not perpetrate nor perpetuate anything illegal. I would like to know where under British law I can be arrested, tried, convicted and sentenced, serve the sentence and then this guy (Mr. Doherty) can say he don't like what the Learned Magistrate did.'' Turning to the reporter's table, Gordon said: "Yes, I have a history of drug use. Every time I turn around they won't leave my sister alone. They must begin to leave my sister out of this.'' Mr. Justice Ward, who allowed Gordon to talk for more than 20 minutes, then reigned in the speech.
He said: "Mr. Gordon you have a right to speak. If you want to deal with outside matters, you'll have to get a political forum.'' The judge then reviewed the case, saying that without a record of the conviction -- none was provided in the case file -- and without what Gordon told Mr. Warner in mitigation, he would "allow the appeal and make no further orders''.
With that, Gordon, who had borrowed a note pad and pen from the Court Clerk -- to make sure did not get "shafted'' -- caught Mr. Doherty's attention and returned the items.
But Mr. Justice Ward, disturbed by Gordon's earlier behaviour, told him "next time do not take any celebratory substances before coming back in here''.
Gordon denied being under the influence.
And before leaving he handed over the pen top, saying: "Oh, let me give you this. Before you charge me for it, like stealing or something. I'm going back to work.'' Gordon