Under-fire Magistrate Carlisle Greaves yesterday called on the Island to “make up its mind” about Alternatives to Incarceration, saying it was an all or nothing process.

Mr. Greaves continued defending himself against “sideline judges” - community activists - who he said where ridiculing the court process last week because of sentences he had handed down that they felt were unfair and unjust.

The sentenced followed the recent death of a single mother.

And Mr. Greaves - drafted into the Senior Magistrate's post after Archibald Warner was called temporarily to the High Court - boasted of progress in reducing the number of warrants outstanding and the brisk pace of court cases under his tenure.

Mr. Warner had been hired to reduce the backlog and to restructure the courts - a mandate taken up in earnest by Mr. Greaves.

In the case of Jefferson Lauayne Catlyn, who was charged with assaulting his stepdaughter, Mr. Greaves explained that Catlyn had first appeared in front of Magistrate Edward Bailey.

At that time it was suggested by the Probation Office and the Department of Public Prosecutions that Catlyn should be sentenced under Section 69 of the Criminal Code - a “conditional” discharge.

Mr. Greaves said: “When I took over the case, Mr. Bailey and I had decided that a Section 69 was needed because the injuries suffered by the stepdaughter were superficial and the chance of it happening again were limited, because the daughter was now living abroad and it was also seen as a one-off incident.”

Mr. Greaves said: “Catlyn is receiving counselling from the Physical Abuse Centre which will finish in six weeks. Catlyn's wife, who earlier dropped her charge, admitted to beating her husband and that is why I said: ‘Women should learn you can't expect to push around your man and not get some response in the same way you can't expect to push a woman around and not get a response. It's natural to get a response. He's both victim and persecutor it seems'.”

Mr. Greaves continued: “Also if Catlyn was convicted he would have lost his job, putting the family into further jeopardy, because he pays the mortgage on the family house.

“That is why the following day I could not figure how the press had gotten the information that was not before the court. It held the court up to ridicule.”

Catlyn was ordered to finish the 26-week course and gave him a six-month conditional discharge, which would be breached if he got into similar outbreaks of violence involving his family.

Of Perry Mosley Puckerin - who received a three month sentence for stabbing his ex-girlfriend - Mr. Greaves said: “A person who is charged with simple wounding, would not be incarcerated unless he had previous convictions of a similar nature.

“Puckerin was handed down a three months sentence, but the maximum that I could give him in Magistrates' Court is nine months.”

Mr. Greaves said: “The ATI legislation came about as a result of people in Bermuda claiming that too many people were getting locked up and Magistrates' Court operates in accordance with that legislation.

“Catlyn had no previous convictions for wounding,” he said.

Mr. Greaves spoke about well known panhandler Eugene McOwen (Jinx) Darrell who received nine months for breaking into two buildings and stealing $25 in coins.

Mr. Greaves asked: “The critics haven't noted that he broke into two office buildings at night. “What if Penny Dill was working late and he came in - what kind of violence would have ensued?

“Darrell had socks on his hands and he has over 40 convictions.”

Mr: Greaves - a Barbadian - said: “I try my best and do my best for the country, but make up your mind, should we abandon the ATI or not?

“I consider all the alternatives every time they come and judges must be independent. The pressures of this job are tough and thankless and no matter what a judge does, it is thankless.”

He added: “And everyone wants to tell you what to do. People have a right to criticise and I understand we can't please all. If a judge attempts to please everyone you are damned and if you don't you are damned.”

A year on all 7,000 of the outstanding warrants that Acting Senior Magistrate Carlisle Greaves inherited have been cleared.

Meanwhile Mr. Greaves announced in Plea Court the resolution of 7,000 outstanding warrants when giving an absolute discharge yesterday to a woman who had been caught for theft in 1998.

Mr. Greaves commended his clerk, Germaine Thomas, whom he said has helped bring about the many of the changes. He wants to put Ms Thomas up for a Public Service Award.

The management structure has been streamlined to have less court time. He said: “Any outstanding warrants are now with the Police. We are up to date.”

Mr. Greaves explained: “All fines are now paid on a Friday if they cannot be paid on the day, that way if someone has not paid, there is no fiddling about. By Monday morning we are up and running.”

Mr. Greaves said: “There have been a lot of changes - Plea Court is almost always over by 11o'clock and there is usually a trial at 11.30 a.m. and one or two between 9 a.m. and 10 a.m.

“Short form Preliminary Inquires are held on Mondays at 2.30 p.m. and Traffic Court is on Mondays and Wednesdays.

He said: “At the beginning of Traffic Court I explain what the consequences are for different offences so that I can be as consistent as possible.

“I clear the court of 300 people usually by 3.30 p.m. but definitely by 4 p.m.”

Mr. Greaves said: “Drug Court works well too, there is a pre-conference and then they proceed to court. We are having our first full graduation in Drug Court soon.”

People in Drug Court are being given a second chance to be rehabilitated for drug use.

“The Civil Courts are also assisting with minor criminal cases on Monday and Tuesdays. This has made Court 2 more productive,” said Mr. Greaves.

Mr. Greaves said: “In this year we have made a lot of difference. We now deal with immediate payment and once a person is before the court, fines are usually paid. We find that warrants executed by the Police are very quick.”

Mr. Greaves said: “It has been a pretty successful year for us, it is a pity that we had to end it with alarm.