Two magistrates, two different outcomes for Westgate man
A man who appeared before two magistrates for counts of breaking and entering received very different sentences for his crimes.
Warren Dean Mallory who is currently at Westgate, first appeared before Magistrate Juan Wolffe yesterday morning and pleaded guilty to breaking and entering Whitney Institute on September 29.
The court heard that Mallory broke into the building with a crow bar and stole $6,507.13 which students had been collecting for an educational trip. He told the court he turned himself in to Police.
Mallory has been in and out of Westgate a number of times since 1984 and agreed with Mr. Wolffe that he had spent more time in prison than out in the last ten years.
He told the court that he had a drug problem and was sorry for the trouble he caused, adding that he breaks into schools because he does not like confrontation and does not want to hurt anyone.
?I am not looking to get away with anything, but when things get rough I don?t know where to turn so I turn to what I know,? he told the court.
Mallory told the judge that he was worried about what he would do when he was released and asked if there was a support system that would help him outside of prison.
After a lengthy discussion with the 39 year old, Mr. Wolffe decided to be lenient despite Mallory?s extensive record.
?You strike me as a good person, you just do bad things and the bad things come about when you do drugs,? Mr. Wolffe said.
He put Mallory on probation for two years and ordered him to get drug treatment.
Meanwhile, Senior Magistrate Archibald Warner, who was presiding over yesterday morning?s plea court session in the neighbouring courtroom, issued a bench warrant after Mallory failed to show up. The magistrate was not aware that Mallory was in the next room at the time, when court officers realised this they brought Mallory to plea court.
He was charged with three counts of breaking and entering schools and one count of breaking and entering an office.
The court heard how Mallory broke into a Pembroke office on September 26 and on the following day he stole a cash box, projector and walkie-talkies from West Pembroke Primary. Later that day he broke into Saltus Grammar School and stole $60 from the staff room before targeting Bermuda High School where he stole $90 from the stock room.
Mr. Warner was not impressed with Mallory?s actions and after looking at his criminal history said: ?You seem to have a special liking for places of education and religious institutions.?
He said that in light of his history and current thefts he was turning the matter over to the Supreme Court which has the authority to hand out stiffer jail sentences than the 12 month maximum allowed in the lower court. ?You?re behaviour requires substantial more time in custody,? Mr. Warner said.
When Mallory inquired about a support system after his jail service or drug treatment he was told it was to be dealt with at the higher court.