Man illegally re-entered his old home after being evicted for drug abuse
A man has been convicted of illegally re-entering his former home after being evicted for drug abuse.
Shawn Smith, 36, pleaded guilty to being in the property at Morgan’s Point emergency housing complex on two occasions between July 12 and 15.
Senior Crown counsel Paula Tyndale told Magistrates’ Court that Gerard Lespere, who oversees the cross-Ministry initiative at Morgan’s Point, reported the matter to the Police.
He told them Smith was a previous tenant at the rent-free facility, but was terminated on July 6 for disobeying the rules, served with an eviction order and told to vacate the premises within a week.
According to Ms Tyndale, the property was subsequently sealed with signs warning that to re-enter would be considered trespassing. Arrangements were made for Smith to collect his personal items.
However, she said that Police were called to Morgan’s Point in the early hours of July 12, arresting Smith when they found him inside the home. He was taken to Somerset Police Station and bailed.
At 3.30 p.m. on July 15, said the prosecutor, Mr. Lespere entered the home and found an empty rum bottle, a strong smell of cigarette smoke and the telephone plugged back into the wall. He reported this to the Police, who arrested Smith in Sandys on July 17. During an interview with them, he admitted entering the residence via a window in the early hours of July 14.
Ms Tyndale told the court Smith is “known to the Police” but does not have previous convictions for any similar offences.
At court yesterday, Smith told Senior Magistrate Archibald Warner he is a single father who lived at Morgan’s Point for a year and a half with this children, aged five and seven. They now live with their mother.
Smith said he was upset about being evicted, claiming he was not given enough time to remove his belongings.
He further claimed that although he was asked to leave following a positive drug test, which he attributed to having “smoked a little weed”, this was not part of what he called the “stipulations” of his housing agreement.
However, Mr. Warner told him: “You broke the rules and they put you out. It’s not for me to decide whether it was right or wrong, but you were put out and you blew that opportunity.”
He handed him a 12-month conditional discharge, warning him not to re-enter Morgan’s Point without permission from the managers.
