A man caught with heroin and a pipe for smoking drugs more than three years ago was given a conditional discharge after telling Magistrates? Court he was now ?clean.?

But after being handed the penalty, which involves staying out of trouble and submitting to drug tests, Wali Ming admitted to relapsing three weeks ago.

Crown Counsel Paula Tyndale told the court yesterday that 46-year-old Ming, of Studio Lane, Hamilton Parish, was caught by Police on Dundonald Street on March 9, 2003. He was in an ?increased penalty zone? for drugs offences because he was close to the Home School of Excellence. Tests revealed he was carrying 0.16 grams of diamorphine, commonly known as heroin. He failed to answer bail after his arrest.

Ming pleaded guilty to possessing the drugs and pipe yesterday, telling the court he had completed rehabilitation through the Camp Spirit programme in the interim period.

?Since February 8, I have been clean. I checked out of a transition house last week and I am on my own and dealing with my life,? he said.

He said he had not shown up to his original court date in November 2003 because ?I was on drugs and I was powerless,? but had been arrested on Tuesday when caught speeding.

After reading a letter from addiction counsellor Nelson Bascome, Acting Senior Magistrate Khamisi Tokunbo said: ?I am going to give you the benefit of the doubt and give you a conditional discharge for 12 months.?

He listed the conditions as including staying off drugs and submitting to random urine tests.

This prompted Ming to say: ?Right now, I have relapsed. I relapsed about three weeks ago. I want to seek help now. I wish to go to get clean.?

Mr. Tokunbo said that ?from today? he had to stay clean, and submit to any treatment programme recommended by Court Services.