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Conditional discharge for woman found with bullets in purse

Conditional discharge: Rhea Virgil (Photograph by Akil Simmons)

A woman who said she accidentally brought a pistol magazine with bullets to the island embraced her family outside Magistrates’ Court yesterday after she was handed a conditional discharge for the offence.

Rhea Virgil, 23, a Bermudian who lives in Loganville, Georgia, earlier pleaded not guilty to possessing five rounds of ammunition and a Glock pistol magazine.

The court heard that Virgil, who holds a concealed weapon licence in the US, flew to the island on short notice to attend her grandfather’s funeral.

The weapon was discovered on August 29 in US Customs at LF Wade International Airport as Virgil was heading for her flight back home.

At the time, she told security officials: “I forgot that it was in my second purse.”

Defence counsel Elizabeth Christopher said Virgil, who is self-employed, had been detained in Bermuda for the past month while “the earth shook” for her family, who appeared in the court gallery for the sentencing yesterday.

Ms Christopher acknowledged that “the problem with forgetting is it’s an easy thing to say” but added: “The facts are extraordinary and wholly support that this was not somebody who intended to have these items.”

She told acting magistrate Kenlyn Swan that Virgil was young and of good character, and did not warrant having a firearms offence on her record.

“Ms Virgil is a self-employed person and she is not wealthy by any stretch of the imagination. She has family in Bermuda who are very supportive of her.

“She flew back for her grandfather’s funeral at the last second when it became apparent the day before she flew that she was not going to require a travel authorisation, and made the decision to come.

“She was co-operative at every stage of these proceedings.”

Alan Richards, for the Crown, noted that in 2015 an American visitor received a ten-day sentence when a loaded gun was found in his luggage as he left the island.

Although Virgil was not in possession of a complete firearm, he called for a fine to send a message of deterrence.

“These are circumstances which have the capacity to recur,” he said.

“I would submit that there is a strong public interest in ensuring they do so as infrequently as possible.

“Items such as these are not safe in the hands of people who have forgotten them.

“The court should send a clear message, particularly for persons travelling from the US, that they really need to be sure about what they are carrying with them when travelling to Bermuda.

“I do not think that this is a suitable case for discharge. This court has the power to fine the defendant up to $15,000 for each of these offences.”

Ms Swan said that each case “turns on their own individual circumstances”.

Although Virgil’s trial ended with a conviction for possessing prohibited items, she noted that Virgil was a licensed firearms holder, and that the ammunition clip was relatively small.

It was found inside her luggage within a nine-inch handbag.

Ms Swan added: “The court is of the view that she did not possess any criminal intent and the likelihood of her reoffending is very low.

“The appropriate sentence is one of conditional discharge.”

She imposed the discharge for 12 months.

UPDATE: this article has been amended to correct that it was acting magistrate Kenlyn Swan and not senior magistrate Maxanne Anderson who heard this case

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