equipment in an increased penalty zone.

Magistrate Archie Warner ruled that the prosecution had failed to prove that William Eugene Oral Robinson was in the increased zone when he was found by Police with a crack cocaine pipe near the playground at Parson's Road in Pembroke.

Robinson, of Flatts Hill, had pleaded guilty during Wednesday's plea court session to possession of drug equipment.

But Robinson denied he was within 300 metres of the playground which would make it a penalty zone under the law that calls for an automatic $1,000 fine.

And Senior Magistrate Will Francis had adjourned the matter to allow the arresting Police officers to give evidence as to where the offence had taken place in relation to the playground and as to where the Parson's Road park begins and ends.

Yesterday, P.c. Arkeita Smith told Magistrate Archibald Warner -- who was presiding -- that on January 21, she together with other officers were on patrol on Marsh Lane when they saw Robinson in the passenger seat of an abandoned car with the door open.

Junior Crown counsel Veronica Gordon asked P.c. Smith where the car was and she replied at Marsh Lane, approximately 250 metres from the Parson's Road park.

Ms Gordon asked P.c. Smith to draw a map to illustrate exactly where the car was located.

And she told Mr. Warner: "I beg the court's indulgence. I am not sure what course Mr. Francis intended to take this morning.'' Mr. Warner said: "Well the normal course is that the prosecution have to prove their case beyond a reasonable doubt.'' Ms Gordon then said she was at a loss as to what to do, that her colleagues had abandoned her, and then left the courtroom to telephone them.

She returned moments later with Crown counsel Charmaine Smith. The two women discussed the matter between themselves while Mr. Warner asked Robinson whether he wished to ask P.c. Smith any questions.

Robinson wanted to know how P.c. Smith had arrived at the conclusion he was 250 metres from the park.

"As Marsh Lane is frequented for drug offences, the area has been mapped out for an increased penalty zone,'' she said.

Mr. Warner said there was no evidence before the court that the offence had occurred in an increased penalty zone. Robinson, who is receving treatment for drug addiction, was given a six month conditional discharge for possessing a crack pipe.