Bermuda's new Drug Court is a waste of time until secure facilities are in place to treat severe addicts, Assistant Supreme Court Justice Archibald Warner said yesterday.

Mr. Warner made his comments as he sentenced an admitted crack addict - who turned himself into Police saying he wanted to break away from drugs - to probation despite his misgivings that the Drug Court, as it stands, cannot effectively deal with addicts of his nature.

"I don't like it but I'm going to follow procedure," Mr. Warner said as he handed down a three-year probation order for Shawn Joseph Smith.

Smith, 31, was sentenced in Supreme Court after pleading guilty to six offences between August and October of last year.

Smith stole $1,983 from three Hamilton Parish homes, Tony's Fine Foods and the hotel room of a tourist staying at Brightside Apartments.

His offences included breaking and entering, burglary and housebreaking and Crown counsel Cindy Clarke told the court Smith admitted to a total of 15 offences after he turned himself in.

The court heard that before Smith turned himself in he was living rough in a makeshift tent of palm leaves deep in the woods near Whitney Institute school.

Ms Clarke said Smith told Police he felt "weak, tired and paranoid" from smoking crack and decided to take a taxi to St. George's Police Station.

Smith wants to take a break from his drug use, she added. She recommended a probation order for Smith and that he be dealt with by the Drug Treatment Court.

Smith was represented by defence lawyer Mark Pettingill who supported the prosecution's recommendation saying he was an ideal candidate for drug treatment court.

But Mr. Warner expressed serious concerns that neither prison nor available drug treatment options would be effective in helping Smith rid himself of his crack habit.

Mr. Warner said he had great fears in sending addicts to Westgate because of widespread reports of easy access to drugs within the prison but that despite drug court's "good intentions", facilities are not in place for monitored treatment of addicts.

"It isn't really equipped to deal with people like him, that is my concern," Mr. Warner said.

The best treatment option the available system can offer addicts like Smith at the moment is the "intensive inpatient" programme at Salvation Army. The problem, however, is that addicts are free to walk out of the Salvation Army programme if they like and simply return later saying they are still an addict, Mr. Warner explained.

"Drug court sadly lacks secure facilities with treatment programmes, in between Westgate and Salvation Army, which can deal with a defendant like this with this level of addiction," Mr. Warner said.

Mr. Warner said social inqiry and probation reports underscored the seriousness of Smith's addiction.

"The court is not equipped to handle certain types of addiction at this stage," he said. "Happy days will come when that happens but, in my view, the drug court shouldn't be operating without all the proper components in place. ...If they are not it is quite a waste of time."

"The drug court has serious shortcomings right now," he said. "Notwithstanding the lip service to drug court neither the legislation nor the modes of treatment are in place designed to cater to people like this defendant."

He added that available options are more appropriate to offences dealt with at the Magistrates' Court level rather than in the high court.

Mr. Warner said he has been heavily involved in the development of drug treatment court and has voiced his concerns about its shortcomings.

Despite his strong concerns, Mr. Warner handed down a probation order of three years for Smith.

He attached several conditions which, if breached, will have Smith facing up to ten years in prison on some of his charges including reporting to a probation officer and complying with all the rules of his eventual drug treatment programme.

Mr. Warner ordered Smith be remanded to custody until he can be dealt with in drug treatment court next Wednesday.