The son of former Government Health Minister Nelson Bascome received three years' probation yesterday for importing marijuana worth more than $11,000 - despite prosecution pleas for a prison sentence.

Nelson Coleridge Vernon Bascome, Jr. claimed he needed the drug, which had been strapped to his body, to feed his addiction.

Sentencing him in Supreme Court, Assistant Justice Archibald Warner said: “The king's son is entitled to justice as much as the peasant.”

Defence lawyer Victoria Pearman said: “And sometimes at an even greater risk.”

Mr. Warner replied: “An even greater risk because he is the king's son.”

Earlier Crown counsel Cindy Clarke had called for a prison sentence, saying: “Any other sentence would not send a good message to the community.”

Nelson Bascome, Sr., who had watched his son being sentenced, declined to comment.

The court heard that the former Howard University student was caught at Bermuda International Airport when he was returning on a flight from Philadelphia on December 18 last year.

Ms Clarke said Police officers found a black taped package in his Louis Vuitton wallet containing 0.8 grams of marijuana and a further search revealed a diaper taped onto the outside of boxer shorts with a vacuum sealed bag containing 226.8 grams of cannabis with a street value of $11,325.

Bascome, 24, of Friswell's Hill, Pembroke, had previously pleaded pleaded guilty to importation, but not guilty to being in possession of the controlled substance.

The pre-sentencing reports, requested in September, were partially read to the court.

The report stated Bascome was a marijuana addict who showed no remorse for using the drug. His only regret was getting caught. He was considered a high risk for re-offending.

According to the report, Bascome said he only attended drug treatment facility because he thought the sentencing judge would be more lenient on him. And on two separate occasions when his urine was tested, there were traces of the cannabis. Although Bascome was of good character with no previous convictions, Ms Clarke said he lived in a known drug area.

Mr. Justice Warner replied, however: “The whole of Bermuda is a drug area.”

He went on to repudiate Ms Clarke's call for a custodial sentence.

“We have been sending messages (serious sentences) for a long long time and it doesn't seem to affect other sentences.”

Ms Clarke said: “Non custodial sentences are not working.”

Mr. Justice Warner asked her whether she saying that the ATI (Alternatives to Incarceration) was not working. She replied she made the suggestion as a parallel. Ms Pearman maintained that the only reason Bascome imported the drug was because he was addicted to marijuana, but later stated that he had lost his athletic scholarship because he had tested positive for drugs.

She added that Bascome had suffered tremendously as a result of his actions and was now a father of a six-month-old baby.

Ms Pearman suggested a non-custodial sentence because of Bascome's previous good character.

Mr. Justice Warner said there were no charges laid or evidence given for the intent to supply the drug, so he could not take the street value into consideration.

He laid down strict conditions with probation. These included random urine tests, for drugs and alcohol, and drug counselling. If Bascome did not comply with the restrictions he would be bought back for sentencing. Acting Director of Public Prosecutions Kulandra Ratneser said he would know today whether an appeal would be launched.