Magistrate fines businessman $200
he admitted prowling outside a former Police officer's Southampton home six years ago.
Lawyer Mr. Ian Kawaley told the court the reason his client was pleading guilty to the charge was to avoid embroiling himself and another person in an "unseemly hearing''.
Dennis Smith had been passing through the officer's garden after visiting a married woman whom he was "involved'' with, Mr. Kawaley claimed.
Smith, who owns a hospitality business on the United States West Coast, left Bermuda in 1986.
Mr. Kawaley said when he returned to the Island this week, he arranged to appear in court to face the outstanding charge.
Prosecutor Insp. Peter Duffy said that at about midnight on September 19, 1986, Mr. George Rushe and his wife were watching television in the living room when they heard footsteps outside. Mr. Rushe investigated, but saw no-one.
A few minutes later the couple again heard footsteps and conducted a second search of the garden. They saw nothing suspicious, Insp. Duffy said.
However, when Mrs. Rushe retired to the bedroom, she saw Smith standing outside the window.
Mr. Rushe ran after him and asked him what he was doing in their garden, Insp.
Duffy said. Smith first replied he lived in the area, but then changed his mind and said he had been visiting someone.
When he was unable to provide a name, Mr. Rushe called the Police.
Insp. Duffy said Smith had been convicted of prowling outside another Southampton home one month later.
Mr. Kawaley said the offence was out of character for Smith and he did not accept he had been prowling outside Mr. Rushe's home.
The lawyer suggested his client be conditionally discharged.
He added Smith left Bermuda because of "business pressures'' and not to escape facing the charge.
Senior Magistrate the Wor. Will Francis said he was giving Smith the benefit of the doubt, nevertheless, prowling was an offence the courts must take seriously. He handed down a $200 fine.
