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Soccer player Durhan told to pay fine or go straight to jail

Dandy Town defender Troy Leroy Nelson Durham was fined $5,400 in Supreme Court yesterday after pleading guilty to 12 charges of breaking the Island's foreign currency purchase laws.

But the 29-year-old resident of Mount Hill, Pembroke ended up in jail serving the first day of a six-month sentence -- the alternative for failing to pay the fine.

When he asked for time to pay, Puisne Judge the Hon. Mr. Justice Ward said: "You can use the phone. Whoever you were changing the money for, tell them to come and pay $5,400. Otherwise, you spend six months in jail.'' With a frown, Durham left the courtroom.

Durham's money changing spree took place between March 19 and March 25, 1992 when he completed and signed six Bermuda monetary forms at various banks. Each transaction was at or within a dollar of the $3,000 maximum travelling allowance for residents.

The transactions allowed Durham to convert $17,999.68 into US$17,922.64. In each case, he indicated he was converting the money for travel purposes.

On April 24, Police narcotics officers went with a search warrant to Durham's home.

Crown counsel Miss Sharon Kenney said when Durham was asked about foreign currency, his mother answered: "Yeah, we know, if somebody wants money changed he will change it for them.'' She said Durham then said: "Yeah I would just change money up for people.'' Durham also said he would tell Police who he changed money for. But during an interview at Hamilton Police station after his arrest, he denied changing money for anyone.

Miss Kenney said Durham, a self-employed painter, told Police that he changed the money for himself and planned to travel, but did not go "because jobs came up.'' During questioning, Durham told Police he didn't know that foreign currency purchased for travel had to be returned if trips were cancelled.

The prosecution told the court that despite his intention to travel, Durham had not made any plane reservations nor had he applied for a required travel waiver from the US Consul.

Miss Kenney said Durham also denied knowing that residents were restricted to $3,000 each trip.

"When asked why he went to several banks, he had no answer,'' he said.

"Durham said he spent the United States currency on clothing.'' Durham told Mr. Ward that he was sorry for the offences. But the judge said Durham's statement to Police "didn't make any sense because if you intended to go away you wouldn't take $18,000.

"That's not the truth. Then you told Police...that you spent the money on clothing. Nobody could spend $18,000 on clothing.'' Mr. Ward fined him $900 on each of the six charges for filing false statements to the Bermuda Monetary Authority.

He said there was no additional penalty for the six violations of not returning the money.