Ship engineer sent to prison for possession of one bullet
A senior container ship crewman with known drug connections in Bermuda was jailed three months yesterday for possession of a single bullet.
Premier the Hon. Sir John Swan immediately applauded the "very clear message'' sent by the Senior Magistrate to firearms offenders.
Chief engineer of the Somers Isles container ship, Peter Berned Focke, was ordered to prison after he admitted possession of a "steel-jacketed'' .357 magnum bullet in Magistrates' Court.
Before sentencing, the Wor. Will Francis declared former court precedents for firearms were now "history.'' "In light of the amnesty I must go above the precedents. Those past precedents are history and I want that known,'' he said.
"This is a brand new ball game. I want it noted that if you come here with a firearm or imitation firearm, you will have to show me why you should not go to prison.'' The conviction is the first since Sir John declared a gun amnesty on October 31. It ended two weeks ago.
"I commend the Magistrate for his forthrightness in sending a very clear message that guns are prohibited in these Isles,'' said Sir John.
Focke, a German national was found with the bullet concealed in his clothes after Police and Customs officers, acting on specific information, swooped on the container ship on Monday.
Prosecuting, Inspector Peter Duffy said Focke, 51, had previous convictions for possessing drug equipment for cocaine use.
Insp. Duffy later refused to comment on whether Focke could be involved in a drugs and firearms smuggling ring.
The Somers Isles arrives in Bermuda three times a month from Florida. But he said Focke was known to be involved with Bermuda's criminal elements.
"He was clearly in an area he was not expected to be with people he was not expected to be with,'' Insp. Duffy said, referring to a raid on a Pembroke residence in October where Police found Focke with a pipe with traces of cocaine and a plastic tube.
In Court, Insp. Duffy urged the Senior Magistrate to consider the case severely in light of the recent gun amnesty.
The bullet was designed for maximum damage, he said.
"There has been a lot of publicity on the amnesty. His ship comes here regularly and he would have to be verging on an imbecile not to have any knowledge of the concerns here in relation to firearms,'' he said.
"It would appear he ignored it or chose to. He decided to keep it although he could have surrendered it during that time.
"I am asking for a message to indicate the concerns of the Police and the general public.'' He also asked Mr. Francis to bear in mind Focke's previous drugs convictions, adding it was unusual for a man of his qualifications to associate with criminals.
"It is clear he is an intelligent man,'' he said.
Duty Counsel Mr. Mark Pettingill argued Focke's command of English was poor and that he probably was not aware of the seriousness of the offence or the amnesty.
He added that on its own, a bullet is useless.
And he urged the Senior Magistrate to take into account past cases where Bermudian lawbreakers received fines for more serious firearms offences.
"Harry Viera who had guns and ammunition got a $5,000 fine. You must not be guided or prejudiced by the community's feelings with regard to firearms,'' he said.
But Mr. Francis disagreed.
"If I start treating non-Bermudians differently to Bermudians, it will put the enforcement of this law into trouble.
"We don't manufacture firearms -- they come from abroad. Someone better send the message overseas that people are risking trouble if they bring firearms here.'' A spokesman from Meyer Agencies said Focke, who has since lost his job, worked aboard the German-owned ship for four years.
MR. FRANCIS -- `A brand new ball game.'
