Magistrate orders trial after man's "guilty with an explanation" plea

Senior Magistrate Archibald Warner questioned whether Swayne Eulette Gibbons, charged with theft, had in fact broken that law.

Gibbons, 36, of Harlem Heights Road, pleaded guilty with explanation to theft at Magistrates' Court last week.

Gibbons was arrested in Southampton on July 17 and charged with attempting to steal a lawn chair after the owner of the house caught him leaving his property.

Gibbons dropped the chair and explained he was only going to borrow it; nonetheless Gibbons fled the property, the Police were called and he was arrested.

Gibbons explained that he wanted to borrow the lawn chair so that he could watch the Eastern Counties match and that he planned to return it.

Mr. Warner said that the definition of theft was "intent to permanently deprive a person of property".

Mr. Warner did not condone Gibbons' behaviour but said under the law if he intended to return the chair he would not permanently deprive the owner of the chair and could not be convicted for theft.

Crown counsel Cindy Clarke argued that the fact that Gibbons fled from the property proved he was actually attempting to steal the chair.

Mr. Warner disagreed and said fleeing the property did not establish intent.

Gibbons, who had been in custody, was released on bail and his trial has been set for October 1.

Cruise passengers pay the price

Government's coffers increased by $8,000 in just 45 minutes in Magistrates' Court on Thursday when eight American cruise ship passengers were fined for importing cannabis.

Senior Magistrate Archibald Warner handed down the fines, ranging from $500 to $1,500, to the eight tourists during the morning Plea Court session.

Janice Elaine Diguilo, 47, from Rhode Island was fined $1,500 after 13.32 grams of marijuana was confiscated from her cabin safe on the

June Barbara Kanter, 53 from New York was caught with 3.69 grams of the drug on the and fined $1,000Kanter told Mr. Warner she has a medical condition and she knew the cannabis was not legal, but added: "It is the only thing that keeps me from being nauseous all the time".

Three visitors from the were fined for importation of cannabis.

Joyce Ann Lofton, 55, from Texas possessed three grams and was fined $1,000.

Linda Michelle Prince, 37, Connecticut possessed 4.05 grams and was also fined $1,000.

Brian Richard Sleezer, 18, New York was caught with one home-made cigarette weighing 0.81 grams and was fined $500.

Geoffrey Lawrence Munson, 36, of Maryland and Samantha Marie Porpora, 20, of New York were caught with the drug on the and were each fined $1,000

And on board the George Donato Muscio, 49, of Connecticut was found with 14 home-made cigarettes, seven of which had been partially smoked, Crown counsel Oognagh Vaucrossen said. he was also fined $1,000

Man denies racially abusing cop

A Southampton man was this week charged in Magistrates' Court with impaired driving, using offensive language and racially harassing a female Police officer.

Delvone Delwyn Trott, 43, of Seawall Drive pleaded guilty to driving under the influence of alcohol on June 5 but denied using offensive language or racially harassing anyone after the Police pulled him over.

Trott was accused of telling P.c. Suzanne DeSilva to "suck my black d*** you white whore! You're a f***ing white c***!". Trott's trial has been set for September 27.

Teen accused of theft discharged

Senior Magistrate Archibald Warner this week ruled that a 17-year-old accused of stealing an auxiliary cycle did not have criminal intent.

Tashae Renee Bean, of St. George's, who was accused of stealing another young woman's bike, was given a discharge. Bean was fighting with the young woman at the time, Magistrates' Court heard.

Bean said: "She just got on my nerves. She was lying on me ... I told her come to the door or I'll take your bike".

The girl refused to come to the door so Bean took the bike. Police recovered the bike in perfect condition.

Bean told Mr. Warner that she wants to be an accountant in the future and that she attends The Educational Centre because she "doesn't like CedarBridge".

Mr. Warner told Bean: "You must be more careful, if not you will put impediments in your way, like a conviction, that will affect going to school." Warner felt it was a personal argument between the young women and that Bean "had no criminal intent".

Pizza thief fined

A Pembroke man who was caught stuffing a pizza and a slice of watermelon down his pants in a grocery store was fined $200.

Jody Vincent Mello, 37, of Addendum Lane, pleaded guilty to stealing the items ? worth $5.45 ? from Arnold's Family Market on July 16 when he appeared in Magistrates' Court on Tuesday.

Mello apologised to the court and said that at the time he was unable to pay for the items because he was unemployed.

Mello now has a job at Auto Express and Senior Magistrate Archibald Warner gave him time to pay the $200 fine.

'Stay away from Police business'

Senior Magistrate Archibald Warner explicitly told a Hamilton youth to "stay away from Police business" after he pleaded guilty to wilfully obstructing a Police officer.

On May 22 Gladwin Cann, 20, stepped in between a Police officer and the man he was arresting. Cann, who attempted to push the officer away, was told to go away but started yelling and making loud noises and the Police arrested him.

Cann said: "I saw one of my cousins getting licked by the Police so I came between them and tell them not to lick him like that."

The court heard this was not the first time Cann had been charged with getting in the way of Police business.

Mr. Warner fined Cann $500 and told him, "the Police have got a job to do ? it's not for you or anyone else to come between it".

Teen given time to pay

Magistrate Edward King gave a 17-year-old Sandys man until October to pay off $2,100 worth of traffic fines, and told the teen's mother "he may be an angel at home but a devil outside" and she should not trust him.

Jonathan Darrell, of Fairhaven Lane, was caught as he tried to leave the scene of an accident on June 7. The bike Darrell was riding was uninsured and unlicensed. He was also charged with driving without due care.

Darrel's mother informed the court that she was unable pay the fines immediately and that she knew nothing about the incident until her son was summoned to appear at Magistrates' Court.Mr. King warned the woman before allowing the family to pay the fine in regular instalments until October. When Darrell also promised to get a job to help pay the fine, a member of the public offered him work at a hotel.