A homeless man pleaded guilty to trespassing in Magistrate's Court on Friday.

Shannon Looby, of no fixed address, appeared in court after having disobeyed a written notice forbidding him from trespassing onto the Happy Valley Mini Mart property, owned by Mr. and Mrs. Joseph DaCosta.

The notice was mailed to his usual/last known address.

On Wednesday, however, Police received a call from Mrs. DaCosta at the Pembroke convenience store.

Crown Counsel Shade Subair told the court that Police arrived at the store to find Looby sitting atop the meter room. Mrs. DaCosta informed Police that Looby entered alone, and said that he would steal something.

The court heard that when Police asked if he had received the notice forbidding him from trespassing, Looby replied: "Yes, but I don't live anywhere.'' He was then taken to the Hamilton Police station.

Duty Counsel Llewellyn Peniston pleaded with Acting Senior Magistrate Edward King that this was a case where the defendant was mentally challenged.

He said Looby had informed him that he did receive and understand the notice, but it was a particularly warm day, and he was desperate and looking for shade. Mr. Peniston also argued Looby had no intention to trespass.

"As Looby was in the vicinity of Happy Valley Mini Mart, this was the only place offering him immediate relief from the sun.'' Mr. Peniston added: "Here is a person obviously driven by psychological challenges, who should not have a revolving door experience with our prisons when there are other avenues available.

"Prison cannot be the place to provide cures for people of this nature.

Westgate is not the answer.'' Looby said he is on medication which he gets from St. Brendan's "whenever I need it''.

He also expressed sorrow for his actions, adding: "I wasn't in my right mind.'' After some consideration, Mr. King told Looby: "You have repeatedly and frequently appeared before this court in recent years.

"You strike me in appearance and utterances as being afflicted by some other problem than of a physical nature.'' Before sentencing, therefore, Mr. King required that Looby be examined by two medical experts, and reports to be submitted under Sections 33 and 35 of the Mental Health Act.

Mr. King then adjourned the matter until May 18, and the defendant was remanded into custody.