Lawyers divdided on Ex-MP's fine
to the community given the rise in violence in Bermuda, some defence lawyers said yesterday.
It "set a bad precedent'' and they questioned whether justice was seen to be done.
"What kind of message or precedent has that kind of a decision sent to the community,'' Mr. Philip Perinchief asked. "It brings the administration of justice into disrepute.'' But two local lawyers defended the punishment Magistrate the Wor. Cheryl-Ann Mapp handed down to Mr. Viera on Tuesday for firearms possession, saying they felt it was fair and that sentencing principles had changed.
And lawyer Mr. Rod Attride-Stirling was divided in his reaction. He believed justice had been done, but he "couldn't help thinking that if the defendant had been a black Bermudian he would have been incarcerated''.
"Justice in Bermuda, quite regretfully, has different colours... It would be nice if Bermudian justice was always this liberal,'' he said. But it would not have been in the public's interest to jail Mr. Viera, he added.
However, Mr. Perinchief charged the illegal weapons Police found at Mr.
Viera's house amounted to "a mini arsenal'' and he should have been dealt with in Supreme Court where he would have faced at least five years in prison.
Mr. Perinchief, stressing he had nothing personal against the maverick MP, said the case was "too big a matter'' for Mrs. Mapp to have dealt with.
Lawyer Mr. Richard Hector said the fact the Attorney General allowed a Policeman, Insp. Peter Duffy, to prosecute the case, took away from its gravity.
He was also "surprised'' the prosecutor had not made submissions on an appropriate sentence.
"The AG's appearance would have made it clear to the public that this was a very serious matter,'' Mr. Hector said.
"It is particularly significant for the Crown to view the matter seriously in this time of our development, which is seeing a lot of crimes of violence. The volume of such violence in the US is tearing it apart.'' Attorney General Mr. Walter Maddocks said the case was dealt with in Magistrates' Court because there were no additional charges such as robbery or assault.
He felt the punishment was "reasonable'', adding Mrs. Mapp was a "strong and firm judge''.
The Police could appeal if they wanted to -- but would have to consult with his chambers, he said.
Opposition Leader and lawyer Mr. Frederick Wade said he had been approached by dozens of people on the street yesterday who were angered over Mr. Viera's punishment.
"People felt that imprisonment was demanded in this case,'' he said. "They were very unhappy with the outcome and felt he had been treated leniently because of who he is.'' However, lawyer and MP the Hon. Ann Cartwright DeCouto felt it was "a very fair sentence''.
"For justice to prevail, the person before the court must not be punished excessively -- or lightly because of their public service,'' she said.
And Mr. Mark Pettingill said the main purpose of sending people to jail was to protect the public.
"I don't think there were any facts of criminal intent presented to Mrs. Mapp in this case,'' he said.
Sentencing principles had changed, he said.
"Mr. Viera was not an appropriate individual to be sent to prison. It wouldn't have served any purpose. He had an unblemished record.'' Mrs. Mapp commented before fining Mr. Viera that it was "fortunate'' his readiness to use weapons had never been tested.
Mr. Viera was fined $1,500 for possessing a .38 calibre Smith and Wesson revolver, $1,300 for having an electric stun gun and two canisters of pepper spray.
In addition, he was fined $800 and $400 for possessing 50 .38 calibre cartridges and a flare pistol.
He could have been fined a maximum of $5,000 for each offence under the Firearms Act, or imprisoned up to two years.
His lawyer Mr. Alan Dunch appealed for Mr. Viera to be spared prison.
The ultimate tragedy, he said, was that Police were alerted by Mr. Viera's daughter Kristina, with whom he had fallen out.
On Tuesday, Mr. Dunch said he believed the sentence was "absolutely the right result'' and that "justice has prevailed''.
