pleading guilty to his fifth begging offence, Corporation of Hamilton Secretary Roger Sherratt has claimed.

Eugene (Jinx) Darrell yesterday pleaded guilty to begging on April 1 when Police caught him taking a dollar off an old woman at the Bank of Butterfield's automated teller machine machine in Front Street.

Magistrate Edward King released Darrell, who had been in custody for three days after being picked up for Saturday's offence, although he had been slapped with a three-month sentence for his fourth begging conviction in November.

Mr. Sherratt said a caller complained about someone with Darrell's distinctive loping appearance just hours after yesterday's verdict.

He said: "It's very disappointing that the most persistent and aggressive of the beggars is out on the street just four days after being caught red-handed.

What message is that to send? "We had a complaint this morning about a beggar fitting that description. We ask people to make complaints, we ask the Police to prosecute and then they are out on the street again -- at a time when tourism is trying to improve.

"In exit surveys, tourists continue to complain about harassment from beggars.

"We have the utmost respect for Magistrates and we don't want to criticise them in any way but the disappointment we feel is caused by the problem we have in Hamilton.'' The sentence was attacked by campaigner Charles Spanswick who has organised a 700-name petition about panhandlers.

He said: "I'm very upset that he's appeared in court only to be released.

He's freed and the cops can't do anything about it.

"People have offered him jobs like washing their cars but he refuses it. Most of these guys can work.'' Mr. Spanswick said the begging problem was getting worse and Government should clear the streets of beggars.

However Police were seldom spotted on the beat, he added.

He said: "We spend money on getting them bikes to peddle around on but they use them once in a blue moon.'' Mr. Spanswick said prison was not necessarily the answer and Government should set the beggars to work in maintenance jobs such as painting.

He said: "There are plenty of things to do.'' At yesterday's court hearing Mr. King explained his decision not to imprison the 42-year-old Darrell who lives at the Salvation Army shelter.

Mr. King said: "This is what I have to say. Some might not like it. I take into consideration the guilty plea and mitigation.

Editorial: Page 4 Beggar "This destitute man can't pay fines and incarceration is not the answer. He's a street person back out on the street whenever the period of imprisonment...no I can't say that.

"I impose three days imprisonment with time spent in remand to be taken into consideration. He's to be released this day.'' A Police spokesman said of the sentence: "I'm not going to presume to challenge what the Magistrate says.

"The decision he makes is based on information he has.''