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Ward declares conflict in Roncari sentencing

A bizarre coincidence unfolded in Supreme Court yesterday -- halting the sentencing of nabbed Italian fugitive Guiseppe Roncari who escaped custody 17 years ago.

Chief Justice Austin Ward shocked both defence and prosecution when seconds after entering the court he declared he could not handle the sentencing.

Roncari, 43, has pleaded guilty to possession of cocaine with intent to supply. A second charge of importation remains on the record.

He was originally arrested on the Island in March, 1981 and charged with possession of and importing cocaine after the Crown alleged a plastic bag containing a white powder was discovered taped to his groin at the Airport.

While on remand at Westgate awaiting his Supreme Court sentencing he made a daring escape during a trip to the dentist.

Last month US Police arrested Roncari -- who disappeared into the bustle of New York after his escape -- and extradited him back to Bermuda.

But in court yesterday Mr. Justice Ward revealed it was he, in a former role in the Attorney General's office back in 1981, who originally brought the charge against the accused.

"I cannot proceed with this sentencing,'' he said. "If you look at the indictment I signed it as the Attorney General's Solicitor General.'' He said no-one had noticed the signature until now but it "would not be right'' for him to both bring the charge and then sentence the offender.

"We all missed it but when I was reading the papers late last night I saw my own signature.'' Crown counsel Brian Calhoun questioned why the Judge had not realised sooner that he had previous involvement in the case.

But Mr. Justice Ward said: "I will remind you that it was 17 years ago.'' Roncari's American attorney Micheal Orenstein flew into Bermuda for the scheduled sentencing and was in court to give testimony vouching for his client.

Both defence counsel Mark Pettingill and Mr. Calhoun said they intended to call overseas witnesses to speak about Roncari's background.

The judge adjourned the case until December 11, but said if there was any problem having witnesses present on that date it would be a simple mention.

He remanded Roncari in custody to wait at least another week for the sentencing that should have occurred 17 years ago.