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Around the Bermuda Courts

A fisherman who was caught with a drug paraphernalia pipe when Police visited his boat on another matter tried to throw the item overboard before it could be seized by officers.But his bid to "lose" the item failed and the pipe was taken away by Police for examination and found to contain evidence that it had been used for smoking drugs.

Crack pipe thrown in water

A fisherman who was caught with a drug paraphernalia pipe when Police visited his boat on another matter tried to throw the item overboard before it could be seized by officers.

But his bid to "lose" the item failed and the pipe was taken away by Police for examination and found to contain evidence that it had been used for smoking drugs.

David Wayne DeSilva pleaded guilty in Magistrates' Court to possessing the pipe which was fitted for use with controlled drugs.

The offence occurred on December 23 last year and since then, DeSilva told the court, he has been attending regular help groups to move away from drug use.

The court heard that DeSilva, 40, was on his boat at Darrell Island, Warwick, where he lives when Police arrived to speak with him.

"As a result of that meeting they informed him that he was under arrest," said Crown counsel Anthony Blackman.

"He appeared apprehensive and he requested to go below deck to get some clothes he had."

The officers observed as DeSilva went below deck and claim to have seen him remove an item from under the bed.

"The Police asked for permission to search the boat and it was discovered he was carrying the pipe. He was asked what it was and replied 'Oh, it's just a crack pipe' and tried to throw the pipe into the water."

But officers seized the pipe and took it away for examination where it was found to contain traces of controlled drugs."

Asked if he had anything to tell the court, DeSilva said he had done a Turning Point substance abuse programme and since then has been going to evening meetings with recovering addicts.

Magistrate Khamisi Tokunbo asked if he had written proof of this and DeSilva said no, other than a tattoo he had made with the date of his first enrolling at Turning Point.

Mr. Tokunbo questioned why the case had taken ten months to reach the courtroom and was told that on the original court summons for DeSilva there had been a clerical error and it had requested him to attend court in April, 2004 rather than this year.

"So they had you going back in time," said Mr. Tokunbo, who gave DeSilva a 12-month conditional discharge in view of his guilty plea and subsequent drug rehabilitation action.

Man opts for criminal record

A man chose to have a criminal record rather than keep his previously unblemished reputation when asked what he would prefer as he was being dealt with in court for possessing cannabis with a street value of around $188.

Danere Walik Spence, 30, was given the option of keeping his clean record if he was prepared to accept a conditional discharge to stay out of any further trouble with the Police for the next 12 months.

After considering the choice Spence, of Long Ridge Pass, Devonshire, who had no previous convictions, said he felt that accepting a fine and a criminal record would be easier than trying to stay out of subsequent trouble with Police.

He was fined $500 after pleading guilty to possessing cannabis in Pembroke on June 17.

Magistrates' Court heard that Police officers had seen Spence and another man sitting on a step and approached Spence in relation to another matter.

As they got closer the other man who was on the step got up and ran away.

Crown counsel Anthony Blackman said: "As the officers approached they thought they could smell burning marijuana and they informed Spence they wanted to search him."

A paper twist was found in Spence's trouser front pockets and after analysis was discovered to contain 3.78 grammes of cannabis.

Spence was arrested and taken to Hamilton Police station.

In court Spence told Magistrate Khamisi Tokunbo: "I don't want to break the law and I don't want to do it again."

In light of the fact that Spence had not run from the Police, had pleaded guilty and had no previous convictions, he was offered a fine or a conditional discharge. He opted for the fine after giving the matter a few moments thought.

Second drugs charge in five years

A wooden box on the floor of a car was found to contain cannabis with a street value of around $135 when it was searched by Police officers.

For defendant Dennis Watson, of North Shore Road, Hamilton Parish, it was his second drug possession charge in five years. He apologised to Magistrates' Court as he was fined $800.

The court was told that 29-year-old Watson was sitting in his car on North Shore Road on June 13 when he was approached by Police officers in relation to another matter.

As the officers got closer to the car they smelt what they suspected was the burning of marijuana and asked Watson if they could search the car.

Watson allowed the Police to examine the car and during that search a wooden "jewellery box" was discovered on the floor. Inside the box there was a plastic bag with a material that the officers suspected was a controlled drug.

Crown counsel Anthony Blackman said Watson told the officers that the item was his and he was then taken to St. George's police station.

The material in the plastic bag was analysed and found to be 2.69 grammes of cannabis.

Watson told the court: "I want to apologise for what took place. It will not happen again."

Magistrate Khamisi Tokunbo reminded Watson: "The last time this happened with you was in 2000. Are you apologising again? This is number two. It is starting to build up."