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Appeals Court quashes conviction

his conviction for having unlawful sex with a 14-year-old girl. The 27-year-old spent five months in custody after he was found guilty of having unlawful carnal knowledge of the girl.

Defence lawyer Elizabeth Christopher said the case was time-barred because a prosecution should have been brought within a year of the offence.

She said the Crown had produced no evidence that her client was the father of the complainant's child.

The man, who was jailed for two years, was convicted by Magistrate Edward King in May last year. He failed in September to persuade Chief Justice Austin Ward to quash the conviction.

Senior Crown Counsel Peter Eccles agreed yesterday that the conviction was not safe.

He told Court of Appeal President Sir James Astwood: "I've reviewed the file and I'm mindful of the Crown's obligation not to win, but to see justice prevail.'' Sir James told the man he was free to go and his conviction would be set aside because there was a miscarriage of justice.

COCAINE SMUGGLING RE-TRIAL PUT OFF CTS Cocaine smuggling re-trial put off The re-trial of a Jamaican man accused of importing cocaine into Bermuda was put off until tomorrow due to legal submissions.

St. Ann's Parish, Jamaica resident Clifton Hopeman Morrison, 38, was sentenced to twelve years in prison last July on three drugs counts, including importation, possession with intent to supply and handling with intent to supply. But the conviction was overturned by the Court of Appeal after it ruled Puisne Judge Norma Wade-Miller had "misdirected'' the jury during the trial.

Morrison was arrested last February when he arrived at the Airport with rum bottles containing cocaine with an estimated street value of $90,000.

Yesterday, a seven-woman, five-man jury was selected for the re-trial but the proceedings will not begin until tomorrow morning due to legal submissions from Morrison's attorney Victoria Pearman and Crown counsel Patrick Doherty, representing the Department of Public Prosecutions. The case will be heard before Mrs. Justice Wade Miller.

IMPORTER SAYS CIGARETTE PRICES TO GO UP BUC Importer says cigarette prices to go up Cigarettes will go up this week after the Island's only authorised importer increased the price to retailers in response to Government hiking up duties in the Budget. Pitt and Company announced yesterday that it is increasing the price of cigarettes it supplies to its retail customers.

Managing director William Pitt said the company had no control over what the retailers would charge, but he expected the price of a packet to be approximately $4.50.

In the Budget last month, Finance Minister Eugene Cox increased the duty on cigarettes by 2.3 cents to 10 cents each. The increase on duty on cigarettes -- the first in four years -- is expected to earn Government $1.1 million a year.

Yesterday's price announcement follows consultations between Pitt and its US cigarette suppliers.

MAN HIT WITH $4,000 IN TRAFFIC FINES CTS Man hit with $4.000 in traffic fines A 19-year-old Devonshire man was given until the end of the day to pay $4,450 worth of traffic fines or go to jail.

Magistrate Archibald Warner ordered Ishmael G. Lightbourne, of Green Acres, to pay the fines just one day after he allowed him time to pay another batch of fines.

"It's clear, based on yesterday, and these today, that you treat people in authority with impunity.'' the judge told the teen.

On Friday Lightbourne was fined $200 for failing to give his name to Police, and $750 for not having third party insurance on March 4. He was also fined $250 for riding the unlicensed bike, $100 for not having a driver's licence, and $400 for failing to stop for Police.

Lightbourne was then stopped by Police four days later for riding a cycle in a manner dangerous to the public for which he was disqualified from riding and driving all motor vehicles for two years.

He was found again to not have third party insurance -- another $750 fine -- and the cycle was still not licensed, earning this time a $400 fine.

Mr. Warner also levied a $400 fine for failing to stop for Police to Lightbourne and another $200 for not having a driver's licence.

MAGISTRATE QUESTIONS CANNABIS CHARGES CTS Magistrate questions cannabis charges Having two forms of the same illicit drug should not be two different offences, a Magistrate suggested.

Magistrate Archibald Warner fined David Burnell Adams $800 for having cannabis plant leaves, but he did not fine the Pembroke man for having cannabis resin when he was caught on November 20.

"Shouldn't this be one charge?'' he asked prosecutor Cindy Clarke, who replied it was her belief the practice was to separate the two forms of the drug for prosecution. Adams was caught at 3.15 a.m. on November 20 in a traffic check and when he was searched, officers found "plant like material'' and a "tar like substance''.

Ms Clarke said he told: "It's my weed and my gum.'' The Government Analyst later found they were .84 grams of cannabis and .29 grams of cannabis resin.