pleading guilty to possession of cannabis with intent to supply.

Shaun Riley, 26, of Beacon Hill Lane, Southampton also pleaded guilty to possession of drug equipment, namely two sets of scales, scissors and a piece of paper. He also pleaded guilty to a third charge of possession of a Police-band scanner without a license.

Three other charges against Riley were dropped.

Riley was arrested by Police on November 2, 1998 along with two other men who are currently in prison for offences on that day.

At 10 p.m. Police attended the Beacon Hill residence and on arrival could see through the windows as no curtains were drawn.

Riley and the two other men were sitting on a couch in the apartment and Riley appeared to be cutting up some plant material.

Police believed a felony was being committed and so entered the house.

On seeing the Police, Riley dropped the scissors and attempted to pick up the plant material.

Police stopped him and asked what the plant material was.

"It's mine, its herb,'' replied Riley. He was arrested and the equipment and plant material seized.

Riley allowed Police to search his apartment and they found another twist of plant material under his bed.

They also found 15, $100 bills in a drawer which he said was for his girlfriends tuition at Bermuda College.

All three men were arrested and taken to Somerset Police station, and during an interview, Riley admitted the plant material was his and it was for personal use.

He also claimed the $1,500 had been given to him by his girlfriend's mother for her tuition.

As the Beacon Hill residence is located within 300 metres of Sands Middle School, the offences were committed in an increased penalty zone (IPZ).

Police sent all suspected drug material and equipment to the Government analyst who found traces of cannabis as well as cocaine on the scales.

The total weight of the drugs was found to be 114 grams or four ounces, with an estimated street value of $5,725.

Crown Prosecutor, Oonagah Goodred argued the drugs seized were clearly intended for supply and elements of the offence would justify a custodial sentence.

The maximum sentence in a summary trial being five years imprisonment or a fine of $10,000, or both.

In terms of the scanner, Ms Goodred said it was used to avoid detection by Police and submitted there should be a stiff sentence to deter others using the equipment, which is illegal on Bermuda without a license.

She also asked that the $1,500 found in his possession be forfeited.

However, Magistrate Edward King said: "There has not been one centilla of evidence in the summary linking the money to the drugs. The explanation given by Riley for it has not been challenged or found to be unacceptable. The application for forfeiture is rejected and I order that the sum be returned to the defendant within seven days.'' In mitigation, Riley's attorney, Richard Hector said he lives with his family and the mother of two of his three children.

He was employed as an electrical engineer specialising in air conditioning and refrigeration and his only previous conviction was for a minuscule amount of heroin.

Mr. Hector said Riley has, from the outset, owned up to the fact that the cannabis was his.

Mr. Hector made reference to the two other men involved in the arrest. One had cannabis, cannabis resin, and cocaine for which he was given three months, three months and six months respectively, as well as an additional year for being in an increased penalty zone.

The other was in possession of several twists of cocaine and sentenced to two years in prison as well as an additional year for being in an IPZ.

In sentencing, Mr. King took into account the guilty pleas and sentenced Riley to 18 months for possession with intent to supply, and an additional 12 months for being in an IPZ.

He was fined $1,000 for drug equipment and an additional $1,000 for being in an IPZ.

For the final charge of having a scanner, he was given a fine of $1,000, the maximum being $2,000.

He was given until October 31 to pay the fines, and in default was given six months imprisonment to run concurrent with sentences already imposed.

Before all was said and done, Mr. King reminded Riley to get his $1,500 from the Police.