three-and-a-half-year prison sentence yesterday after pleading guilty to stealing from a house and putting someone in fear.

Brian Carlton Rogers, 36, was initially charged with robbery when he broke into the house of Debra Gadsby on Rosemont Avenue, Hamilton in December 1993.

At his trial last April, Rogers was acquitted of the charge but pleaded guilty to the alternative charge of theft. He was also found guilty of trespassing and jail breaking and sentenced to three years.

But, following an appeal by Crown Counsel, Rogers was brought before the court yesterday to face an alternative charge of theft and putting someone in fear.

Summing up the evidence, Senior Crown Counsel Brian Calhoun told how Rogers had broken into the house after escaping from prison.

"On December 20 the accused entered the empty dwelling house of Debra Gadsby,'' he said.

"Shortly thereafter, Mrs. Gadsby and her two children entered the premises and discovered the accused therein holding an item she believed was a knife but the accused insists was a spoon.

"In any event the victim considered the conduct a menace or threat which put her in sufficient bodily fear that she ran with her children into another room.

"The accused then shut the door of the room and stole Mrs. Gadsby's handbag before leaving the residence.'' Mr. Calhoun then urged Puisne Judge Mrs. Justice Norma Wade-Miller to make any further prison sentence consecutive rather than concurrent because Rogers had committed the offence after breaking out of prison.

Mr. Calhoun also pointed out that, when the alternative charge was first put to Rogers three months ago he pleaded not guilty.

"He was at an earlier hearing of this count and decided to plead not guilty,'' he said.

"In which case we had to bring the victim back from overseas which we have done and the victim is now here in court.'' Rogers had previously been found guilty on 16 counts of theft, 35 break-ins, seven drugs related offences, four counts of wounding and 22 counts of receiving.

Representing Rogers, lawyer Mark Pettingill said that his client had originally pleaded not guilty to the charge because he was confused. He also said that Rogers was a reformed character who was "getting on with doing his time and doing it well.'' GORDON A NO-SHOW CTS Gordon a no-show Premier Pamela Gordon's brother yesterday failed to appear in Magistrates' Court after making an arrangement with the prosecution.

Keith Gordon, 46, of Victoria Street, had pleaded not guilty to the possession of drug equipment but was set to change that plea to guilty yesterday, The Royal Gazette understands.

A trial date had originally been set for December 22 but Gordon made arrangements with the prosecution to change his appearance in court to yesterday.

However, Gordon had not appeared over 30 minutes after he was supposed to and the matter was set down for the original date.

TRIAL SET FOR APRIL CTS Trial set for April The Captain of a popular cruise boat failed to arrive at Magistrates' Court on time for a trial on Monday so the matter will hang over his head until next April.

Bermuda Longtail skipper Edwin Whitfield is facing charges of playing loud music and disturbing others when he was in command of the vessel.

His trial was set to start at 2.30 p.m. on Monday but Capt. Whitfield arrived about an hour late so the matter was rescheduled, a Court spokesman said.

Owner David Durham originally appeared in Court on Capt. Whitfield's behalf and pleaded not guilty to the charge.