Magistrates? Court cases delayed due to ?disappearing? paperwork

The Police and prosecutors pointed the proverbial finger at each other this week as several people?s appearances before a magistrate were delayed due to their charging papers not being properly served in time.

Jamaican national Anthony Stanley Martin, a 41-year-old from Manchester, already in custody on immigration matters, appeared before Magistrate Will Francis via video link from Westgate Correctional Wednesday.

Mr. Francis told Martin that he was going to be held for the next two weeks until ?the immigration matter was sorted out. If the Governor makes a decision to deport you, so be it?.

When asked Crown counsel Graveney Bannister why the papers were not ready, he said that the Police would be the best people to ask because they supplied the papers.

But Police media relations officer Robin Simmons passed the blame back, saying that prosecutions were to blame. Mr. Francis described the papers as ?disappearing midstream somewhere?.

A total of eleven men had aborted appearances including Corey Ewings, 21, of New Jersey who on Tuesday in the Supreme Court arraignments session, saw six counts of importing heroin, cocaine and cannabis with intent to supply in November dropped .

It is not known if his appearance before Mr. Francis on Wednesday was in relation to the extradition. Director of Public Prosecutions Kalundra Ratneser said that he would face trial in America for ?more serious offences?, adding: ?We decided to honour their decision.?

Three men charged with damaging car

Three Warwick men charged with damaging a private car will have their case heard in Magistrates? Court next month.

Stevan Rewan, 25, Devon Rewan, 32, and Marlan Rewan, 30, all pleaded not guilty to damaging Leanne Samuels car in an amount that exceeded $60 on November 30, 2003, in Devonshire. The three were each bailed at $2,000. They will return to court for trial in July.

Cruisers warned on drugs

Cruise ship passengers were warned in Magistrates? Court yesterday to leave their drugs behind before travelling to another country.

Acting Senior Magistrate William Francis handed out a slew of fines to cruise passengers who imported cannabis and various pieces of drug equipment to Bermuda. John Paul Bachard, 44, a passenger on board the Empress of the Seas, paid a $1,000 fine for importing 1.5 grams of cannabis.

Jessica Lynn Combiriati-Borges, 35, paid a $1,000 fine for importing 5.62 grams of cannabis. Michael Charles Cooke, 37, a passenger on board the handed over $1,000 to the court for importing 22.86 grams of cannabis.

David Charles Lauro, 24, a passenger on board the was charged with importing 5.23 grams of cannabis and for possession of drug equipment. He paid a $1,000 fine. Brian Andrew Connor, 36, a passenger on board the paid a $1,000 fine for importing 4.86 grams of cannabis.

Eileen Paulette Herberger, 55, a passenger on board the pleaded guilty to importing 2.20 grams of cannabis and paid a $1,000 fine. She asked Mr. Franics: ?I have glaucoma, may I present a letter from my doctor??

Mr. Francis replied: ?Every American knows that when you go into another jurisdiction like Bermuda you don?t take drugs with you.?

Paedophile must wait

Sentencing has been delayed for a 31-year-old Pembroke man who was found guilty of sexually assaulting a 12-year-old girl as she walked home from her middle school.

A social inquiry report was ordered for Steven Jamaine Gardner, 31, of Glebe Road, Pembroke, so that Gardner would be eligible for a sex offenders programme.

He was found guilty by Magistrate Edward King on April 26 for the March 3, 2004 incident.

Crown counsel Wayne Caines said: ?Gardner told her that he always liked her and kissed her on the cheek. She pulled away and was horrified. The little girl said ?Stop it, you are too old for me? to the defendant but he tried to kiss her again and she had to push him off.? Mr. Caines said.

Mr. Caines said Gardner tried to unfasten her bra with his free hand from the back. He then told the complainant: ?I better go before your parents think something is going on.?

Gardner defended his actions, saying there was nothing wrong for adults to hang out with 12-year-old friends and ?had a lot of friends that age?.

Mr. Caines said the girl?s four-page victim impact statement she said she was not emotionally hurt and did not suffer any long-term damage but ?was scared and frightened and did not want (Gardner) to do anything else?.

Gardner?s lawyer Larry Scott asked that a social inquiry report be ordered so that his client would be eligible for a sex offenders programme.