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Man caught with knife walks free

guilty -- because a Magistrate spotted a legal loophole.Kavin Lottimore, of St. John's Road, Pembroke, admitted carrying a knife with a four-inch blade when he was searched by Police just after midnight on January 7.

guilty -- because a Magistrate spotted a legal loophole.

Kavin Lottimore, of St. John's Road, Pembroke, admitted carrying a knife with a four-inch blade when he was searched by Police just after midnight on January 7.

Prosecutor Sgt. Phil Taylor said Lottimore was arrested after the knife was found during a search on St. Monica's Road, Pembroke.

But Magistrate Edward King refused to accept the 20-year-old's guilty plea.

Instead, he instructed duty solicitor Renee Foggo to skim through Section 315 of the Criminal Code and "help the defendant''.

And Lottimore was told he could go free after a short adjournment.

He told the court he was carrying the knife because he needed it for his work as a carpenter.

Ms Foggo said: "Mr. Lottimore had not been home at the time he was searched, having been straight around to his girlfriend's house after work.

"There is no evidence before the court that Mr. Lottimore had adapted this knife for use as a weapon. My brother is a carpenter and he has a knife.'' Sgt. Taylor said: "It was a four-inch, stainless steel bladed knife and I do not consider that to be usual for the carpenter's trade.'' But Mr. King said: "I cannot let the defendant's guilty plea stand.

"Nothing has been tendered to indicate that the knife was intended to cause injury to a person.

"If you meet a man jogging at 3 o'clock in the morning and he has a stick and he is stopped by Police, it is not an offensive weapon if he says it is to ward off the pitbulls or other dogs which rush out.

"But if he says it is in case somebody attacks him, then he is armed beforehand with an offensive weapon intended for use against a person.

"Something cannot be prohibited unless it is first shown to be an offensive weapon with the purpose of injuring someone.

"Parliament has not ruled that a knife in a public place is an offensive weapon and accordingly I find the defendant not guilty of the offence as charged.

"I hope that those in authority get the message.'' Sgt. Taylor indicated that the not guilty verdict would be appealed.