Two Pembroke men were jailed for three years yesterday for their part in the 2001 violent robbery of Flatts Gas Station of more than $3,000.

Alvin Jamel Terricho Hassell had already been sentenced to seven years after stabbing cashier Christopher Pedro during the April 11 raid at the Van Buren gas station in North Shore Road.

Yesterday Colsey Onsworth Gift, 45, of Parsons Road and Shawn Albert Smith, 27, of St. Augustine's Road, pleaded guilty to conspiracy to rob after robbery charges, which carry a ten-year maximum, sentence were dropped.

This drew drew comment from Assistant Justice Archibald Warner who said: "There was a robbery charge. I don't know why they weren't charged with robbery."

Crown counsel Anthony Blackman declined to give his reasons in court or afterwards. He called for a three and a half year sentence for the pair out of the maximum five under the law.

Acting for Gift, lawyer Patrick Doherty said his client had participated in the reconstruction of the robbery for Police.

He said Gift had been in a fog of drink and drugs when the plot was hatched at his house.

And he claimed Gift thought the plan had been abandoned after Police were spotted near the garage.

He pointed to his client's clean record with a 1996 offence of breaching the peace and violently resisting arrest. Gift, an architectural draftsman with an 11-year-old daughter, had acted out of character said Mr. Doherty.

He said Gift had been through drug treatment at Turning Point.

However Mr. Warner pointed out that Gift had actually been jailed for six months for breaking into Devonshire Recreation Club and stealing alcohol while waiting for the Flatts case to come up.

Mr. Doherty said Gift had been at the club and had forgotten his helmet and then broke into retrieve it and took the opportunity to swipe the bottles because of his addiction.

Summing up what had occurred at the gas station Mr. Blackman said Smith was outside as Gift entered and went to the fridge to get a drink. He moved to the cashier who was then pushed against the wall and told to open the cash draw.

He did this, then shut it and was forced to open it up again, where the cash was grabbed. More than $3,000 was taken.

The three men met back at Gift's house after Gift was forced to flag down a taxi. Smith was given $450 while Gift got $200 to $300.

Smith's lawyer Craig Attridge said Smith had tried to opt out of the operation but had been dragged to the gas station by Hassell. He said: "A lot of tugging ensued in the road."

The cash he got was seen as hush money said Mr. Attridge and he pointed out Smith had not driven the others there or done much of the planning but was merely just there.

This prompted Mr. Warner to say: "You are submitting he want there for a joy ride?"

Smith, who has convictions for violently resisting arrest, stealing bikes and handbags and for drug possession, was described as being easily led by Mr. Attridge.

He also said the jobless trucker was a loner. Mr. Warner quipped: "That's inconsistent with conspiracy."

Mr. Warner said the pair were "lucky to only be charged with conspiracy" but he said he respected the Director of Public Prosecutions' right to put what charges he saw fit.

He sentenced the pair to three years with time spent on remand to be taken into account after mentioning the Chief Justice's comments that those who planned violence would be properly punished.