"nuisance'' should not be allowed, Senior Magistrate Archibald Warner has claimed.

And Mr. Warner gave admitted psychiatric patient Shannon Looby a conditional discharge last week saying Government must change the law and the social support system to care for people with mental illness.

Looby, 26, admitted trespassing at the Happy Valley Mini Mart recently after receiving a registered letter banning him from the store.

Forty five minutes of discussion between Mr. Warner and Crown Counsel Oonagh Goodred kicked off when Mr. Warner said he would "risk a bet'' the proper conditions for serving Looby with the letter had not been satisfied.

When Ms Goodred admitted Looby had stolen from the store "in the past' and said the letter was delivered to Looby while he was "in custody'', Mr. Warner threw his hands up in exasperation.

"You see, that's the problem!'' he exclaimed. "That shows you how ridiculous it is. Can you properly send one of these letters to a person and say `don't come to my store' when you're running a business? Ms Goodred said: "He's been convicted several times, sir, of theft from this store. Several times.'' "That's fair enough if he commits an act (this time),'' Mr. Warner replied.

"This has got very, very serious implications because if you don't like how I look or you don't like the colour of my skin or how I smell you can send me a letter.

"That's what you're saying,'' he continued. "If he goes in a store and commits an act, of course (sanction him). He may be a nuisance. But what acts has he done?'' When Looby interjected "I'm guilty sir'' Mr. Warner shook his head and repeated: "That's what I'm getting at''.

"I'm not a doctor but clearly Mr. Looby is not well,'' he said. "No, Ms Goodred, probation is not the way. As you very well know as a magistrate, I must act within settled sentencing principles. He isn't a person that could be fined. He has no money.'' Mr. Warner further explained he had to take into account whether each sentence in turn is "appropriate'' to the crime and accused.

Mr. Warner said he would "never be so presumptuous'' toward Parliament to hand down a sentence that departs from usual practices, adding "I do what I'm told'' within the law.

"It's clear however, that the law needs help'' Mr. Warner said and talked of visiting a special Toronto, Canada court for vagrants.

"They've got special legislation and special sessions just for them to deal with the mildly mentally unwell,'' Mr. Warner explained. "They have a modern way of dealing with it. The court should not be turned into social workers.

"(Bermuda) is shifting responsibility to the courts to deal with it.

Government has got to provide a facility to deal with such people.'' The hurdle of Section 33 of the Mental Health Act which provides for committal to St. Brendan's mental hospital for only the most severe cases was not helping.

But Mr. Warner suggested some help may be on the way if the Prosecution of Offenders Bill is tabled and passed by Parliament which he said was "not too restrictive''.

"Mr. Looby, have you been taking your medication, have you been going to St.

Brendan's?'' he asked, and got an equivocal answer.

Mentally ill should not go to prison "You've got no right going there,'' he added, handing down the conditional discharge and said that if he were to appear in court again "you may not meet me'' and have another magistrate who might jail him.

"He's not so sick that he should be dealt with under section 33 and we can't warehouse people at Westgate,'' Mr. Warner said forcefully. "He's not violent. Incarceration is just some place to feed him.'' Mr. Warner concluded: "We should not, we will not use prison as a warehouse.

End of matter!'' Homeless activist Fern Wade yesterday supported Mr. Warner's comments and went a step further in calling for a legal advocate for the homeless, mentally ill, and the illiterate before the courts.

"I know Mr. Looby, I get along with him and he's worked for me here at Hands of Love (Ministries),'' Mrs. Wade said. "He's been hurt and he needs to be retrained on how to live again. He needs love in his life.

"But we do not have a place to address that for him and people like him,'' she continued. "I must say it again, Westgate has become a homeless shelter.

But we seem to care more about animals than people like him. What about cruelty to human beings? "Where is the halfway house that is near to Westgate where he can have a roof over his head? Where are the mental and educational facilities in the halfway house that would help him? Mr. Warner is absolutely right, something different needs to be done.'' Mrs. Wade added: "We need a lawyer, someone who has a legal background to go with these people in court to speak for them in court. Someone to represent the mentally challenged and illiterate.

"Once they go to court they say guilty because they associate it with a bath and a meal,'' she said. "Mr. Looby said guilty because he didn't understand.

"A legal advocate would be a good thing for Bermuda,'' Mrs. Wade concluded.

Mrs. Wade explained that Government's Social Services Department provides care for children and teens but not enough help for adults, saying: "We don't deal with the men at all, we just lock them up.