Crown stands firm on Pollock trial
the manslaughter of Craig McGavern.
Pollock was found guilty of the charge in April, but had the conviction overturned by the Court of Appeal on Monday.
Yesterday Crown prosecutor Patrick Doherty, who conducted the original trial, confirmed the Acting Director of Public Prosecutions was still pushing for a guilty verdict.
"It's our officers' view that there was a very strong likelihood of conviction and, after the trial, there's nothing about the evidence to change that,'' Mr. Doherty said.
Pollock was given a 15-month prison term after a jury found him guilty of causing the death of Mr. McGavern during an incident at the bar last July.
Mr. McGavern died from head injuries after falling down the stairs of the Front Street nightclub. The 36-year-old defendant has always maintained he was acting in self-defence.
Yesterday Pollock's lawyer, Mark Pettingill, said he was "disappointed'' with the Crown's decision to press for retrial, but promised to fight "tooth and nail'' for his client.
The conviction was quashed after the Court of Appeal's three judge panel ruled trial judge Norma Wade-Miller misdirected the jury.
Although the law states a person may protect himself if he feels in danger of any kind of physical harm, Mrs. Wade-Miller told the jury that Pollock could only act in self-defence if he thought he was going to be seriously hurt.
HOSPITAL THEIVES APPEAR IN COURT CTS HOS Hospital thieves appear in court A Pembroke man will have to pay a $100 fine for stealing a $13 bandage from the King Edward VII Memorial Hospital.
Antoine Eric Raynor, 30, of Mount Hill, pleaded guilty in Magistrates' Court yesterday to stealing the bandage from the hospital on Friday evening while waiting for a friend to be admitted.
Magistrate Edward King heard that Raynor was in a resuscitation room with his cousin and another man when Raynor stole the bandage and left his cousin in the room.
Police prosecutor Peter Giles said a member of the public alerted hospital staff. Raynor was arrested on Sunday.
During an interview at Hamilton Police Station, Raynor admitted stealing the bandage and said he took it to wrap his injured left knee.
Insp. Giles told Mr. King that Raynor had received a conditional discharge and a three-month suspended prison sentence last September for similar offences.
Raynor told Mr. King he was willing to return the bandage, but a security guard told him to keep it and "next time don't let anyone see you take it''.
Mr. King said he did not think the offence warranted a prison sentence and fined Raynor. He also gave him until June 15 to pay the fine or face 14 days in prison.
Meanwhile a Hamilton Parish man will face trial on alleged theft offences from the hospital as well. Shane Dillas, 33, of North Shore, denies the theft of surgical gloves, syringes and four containers of medical drugs and will return to court Sept. 16.
FRAUD ARTIST BLAMES DRUG HABIT CTS Fraud artist blames drug habit A victim of a thief who stole a chequebook discovered the crime after realising her account was $1,300 overdrawn.
Monique Amos attended the Bank of Bermuda when there was a query on her account and found that cheques had been written without her knowledge.
Brendon Usher yesterday admitted in Magistrates' Court to stealing a book containing 25 cheques from a friend he had stayed with, and then using them to acquire goods or cash.
Usher, 38, of no fixed abode, admitted 16 charges of dishonesty, including altering a false document, making a false document, intent to defraud and presenting a cheque under false pretences. The total taken topped $1,000.
Usher admitted the offences, saying he had committed them to support his cocaine addiction.
BANK EMPLOYEE ADMITS THEFTS CTS Bank employee admits thefts A Bank of Bermuda employee stole money from a customer's account after she ran into financial difficulties.
Magistrate Edward King yesterday heard that Renee Richardson stole a total of $3,800 from the account of a male customer.
On four occasions, the bank's computer recorded transactions as though they had been made by the client. When questioned by Police, Richardson, 23, of Green Acres Road, Devonshire, said she had made the withdrawals because she did not have enough money to support her young child.
She admitted four counts of stealing a total of $2,500 and asked for seven other offences, totalling $1,300, to be taken into consideration.
Elizabeth Christopher, defending, called for a social inquiry report, adding that Richardson had already lost her job.
Mr. King agreeed and adjourned sentencing until July 16.
ALCOHOL FACOTRS IN ACCIDENT CTS Alcohol factors in accident Alcohol played a major part in the early morning accident which saw a car go through a block wall on the corner of Manse Road and Middle Road in Warwick a few weeks ago.
Georgette Ible McMahon, 47, of Plumber Lane, Southampton, had almost three times the legal limit of alcohol in her blood when tested.
She told officers at the scene on May 13 that she had worked a double shift at the Swizzle Inn and then had a few drinks. She said she had fallen asleep at the wheel while driving home.
Crown counsel Charmaine Smith said McMahon -- a short order cook -- was found sitting on the wall next to her crashed car at 4:05 a.m. The officers noted McMahon was unsteady on her feet and smelled of intoxicants. She agreed to give a breath sample, and the lowest reading was 211 milligrams of alcohol in 100 millilitres of blood. The legal limit is 80 milligrams of alcohol.
"I cannot overlook the seriousness of this offence,'' scolded Magistrate Edward King, "but for divine providence this could have had catastrophic effects.'' She was fined $600, disqualified from driving all motor vehicles for a year, and was given a three-month sentence suspended for a year.
COURT HEARS OF RETAIL THEFTS CTS Court hears of retail thefts Employees from two Hamilton business admitted to thefts in Magistrates' Court yesterday.
Rita Debraga, 26, of Queen Street in St. George's, admitted stealing $20 from the desk of an employee of H & A E Smith Limited last December.
Debraga was caught when surveillance cameras were installed and the money was left as bait on a desk. Once found out she admitted the crime; it is the second time she had taken $20 from the employee's desk she confessed, while admitting she had also taken a suit bag worth $6.
Taking into account her admittance of guilt and her previous clean record, Magistrate Edward King ordered that she be bound over for 12 months. Mr. King also suggested to Debraga that she check with Police in a year to ensure that her record is clean.
Another charge of stealing from an employer was denied by Harold Earlston Simons who was charged with thefts amounting to more than $2,000. Simons, 34, of Bob's Valley, Sandys, is alleged to have committed the thefts sometime between February 1 and 28 from A.S. Cooper's. Mr. King released Simons on $1,000 bail and a like surety until his trial in October.
Also charged yesterday with stealing from a Front Street shop was 48-year-old Albert McDonald Rogers. Rogers denied trespassing at Trimingham's and stealing a $45 Calvin Klein shirt. Both offences are lleged to have taken place in May.
