Tough machete laws designed to send offenders to jail for a mandatory three years appear to have been legally circumnavigated after a man who threatened to chop up a Police officer and then waved a machete was given a suspended sentence and $3,500 fine.

It is only two months since Bermuda?s new law was introduced and so far no one has been given the hefty sentence. Now the case of a landscape gardener has raised questions about the application of the law.

But Neville Ewart Glasgow, 35, was told by Senior Magistrate Archibald Warner to ?consider yourself lucky? after he sentenced and fined him for telling a cop ?I?m going to chop you up?.

Glasgow might have been the first person on the Island jailed under the new legislation but for a courtroom agreement between the prosecution and defence counsel to alter a charge of possession of a machete to possession of an offensive weapon.

Glasgow?s outburst to ?chop up? a Police officer, followed by his waving a machete as he drove off in his truck, resulted in a suspended six month jail sentence from Senior Magistrate Archibald Warner.

Home Affairs Minister Randy Horton, a strong advocate for the new law, was off the Island yesterday and was unable to get a comment on the court ruling from his Ministry.

The court was told that Glasgow had unblemished record until the events of September 14 when a Police officer arrived at his girlfriend?s home on Devon Springs Road, Devonshire, to serve a domestic violence protection order (DVPO), preventing him from being at the house or having contact with the woman.

Glasgow responded by screwing up the order into a tight ball and throwing it to the ground, Crown counsel Cindy Clarke told Mr. Warner.

As the Police officer spoke to Glasgow?s girlfriend outside the house, Glasgow came out and said: ?You are a f****ing bitch! You are keeping me from my son, I will f****ing kill you.?

The Police officer blocked Glasgow?s way. Glasgow responded: ?If you put your hands on me I?ll bust your f***ing head. I?m going to chop you up.?

Glasgow got into his truck and waived a machete at the Police officer before driving away.

Glasgow returned to the house soon after and got out of his truck and again threatened to chop up the Police officer, although this time he did not brandish any weapon.

Glasgow drove off and was later stopped and arrested by Police, who found two rusty machetes on the floor by the passenger seat.

Defence lawyer Mark Pettingill argued that the case was one of ?ranting and raving? rather than actual violence.

He said: ?This is a 35 year-old man who is not known to the court for any offences.

?He is a hard-working man who has his own truck, supports his family and two stepchildren and his own son. This is a good man who has found himself embroiled in a serious fallout with his girlfriend.?

Mr. Pettingill said Glasgow had gone to the house to recover some of his clothes and see his son and Police?s presence with the DVPO was like ?pouring gasoline on what must have already been a smouldering fire?.

Glasgow had spoken out in anger, said Mr. Pettingill, adding: ?This is a man involved in landscaping and gardening who legally uses machetes.

?He foolishly picked up one of his machetes and gestured with it. But he did not get out of his truck. And when he jumped out later he did so without a machete.

?He says he regrets the things he said. This is a man who needs to get his life back on track. He has already spent seven nights locked up. A week inside is long enough for a good man to go and ferment.?

Passing sentence Senior Magistrate Archibald Warner said he was taking into account Glasgow?s guilty pleas, his remorse, his lack of any previous convictions and his family responsibilities.

For threatening a person protected by a domestic violence protection order Glasgow was fined $1,000, for having an offensive weapon in his truck he was fined $2,500 and for threatening a Police officer and waving a machete he was given a suspended six month prison sentence.

The fines must be paid by October 28. Mr. Warner told Glasgow: ?Consider yourself lucky.?