Court Briefs, October 9, 2006
Probe into rest home sex assault closed by Police
An investigation into an alleged sex assault on an elderly care home patient has been completed, Police have confirmed.
Detectives launched the inquiry after a report that an 81-year-old man had been attacked in the AME Church-run Matilda Smith Williams home in Devonshire in March.
A man believed to be an orderly at the home was arrested but was released without charge.
Police spokesman Dwayne Caines said last week that no one else was being sought in connection with the incident and the case has been closed.
The senior died of natural causes at the King Edward VII Memorial Hospital not long after the alleged assault.
Thief returned to the scene
A man who stole tools from a shop was caught by Police after returning to the scene of the crime the following day.
Nicholas Harvey, 33, pleaded guilty to taking three tool kits worth a total of $305.25 from the SAL building supply shop in Devonshire when he appeared at Magistrates? Court on Friday.
Crown counsel Nicole Smith said Harvey, of Alexandra Road, Devonshire, visited the store on Tuesday, October 3.
He parked his car alongside the building and entered the store, where he asked staff to fetch items from the back of the premises.
While they were distracted, he walked out with the three 99-piece tool kits and put them in his car.
He left without paying for these, or buying the items he had asked staff to find.
Ms Smith said Harvey returned to the store on Wednesday. At that time, a Police officer who was at the scene recording information arrested the suspect.
Harvey was reported to have told Police: ?I didn?t want to steal tools.?
Ms Smith said he had previous convictions for similar offences. Harvey told the court he had recently attended the Turning Point addiction programme and was enrolled in another programme in Houston, Texas, for which he is due to leave on Thursday.
Senior Magistrate Archibald Warner fined him $500 and ordered him to pay compensation for the value of the tools to SAL.
D&J fined $4,000 for customs breach
A building firm has been fined $4,000 after pleading guilty to opening a sealed container without authority and without a Customs officer being present.
D & J Construction pleaded guilty in Magistrates? Court on Wednesday to the offence dating back to July 2004, although the company?s lawyer pointed out the box, delivered to Belmont Hills, Maintenance Facility in Ord Road, Warwick was opened by a subcontractor.
Lawyer Juliana Snelling, of Mello Jones & Martin pointed out the company had done everything to warn the subcontractors not to open the box, which had a red Customs tag on it, but workers had done so early one morning because they wanted to make a start before it got too hot.
Ms Snelling also wondered why the container had been held for nine days on the dock without being opened by Customs.
The container, containing 97 pieces of fibreglass insulation, was valued at $3,797.
Acting Magistrate Ed Bailey said it is important that Bermuda defends its borders and fined the company $4,000.
American had cannabis
An American tourist who imported cannabis to Bermuda, claiming he had forgotten it was in his pocket, has been fined $1,500.
Anthony Powe, 40, pleaded guilty to the charge when he appeared at Magistrates? Court on Friday.
Crown counsel Nicole Smith said the defendant, of West Regency, Fresno, California, had arrived from New York at noon on Thursday.
A search dog alerted Police to the presence of drugs on his person as he made his way through Customs.
When Powe was searched, officers found a matchbox with the name Diamond concealed beneath his pants.
The box contained plant material and was seized by narcotics officers. It was later found to contain 1.91 grams of cannabis.
Ms Smith said the defendant told officers he had asked a cab driver in California for some matches.
He claimed that after asking him if he used marijuana, the driver handed him the matchbox with the cannabis, plus some rolling papers.
He said he put the box in his pants pocket, and did not realise it was there when he later travelled to Bermuda.
Senior Magistrate Archibald Warner said: ?That?s what I call service. You hire a cab and you get pot and rolling paper. Bermuda?s got a lot to learn from California in regard to service!?
The defendant apologised to the court, before Mr. Warner asked him: ?And you stick by that story??
Powe, laughing, replied: ?Yes, I do.?
