District ‘C’ Magistrate Court Round-up for Oct. 29, 2013

By: St.Clair Sazam Hull

(CHARLESTOWN NEVIS)-The Magistrate Court was left with little breathing space on Tuesday October 29, 2013, as a number of matters were scheduled to be heard before Her Honour Yasmine Clarke.

The first matter heard was that of Kelvin Pemberton, an 18 year old resident of Challengers Village in St. Kitts. He pleaded guilty to possession of cannabis. According to the Police Prosecution, the event occurred on September 27, 2013 when Kelvin had journeyed from the neighboring island of St. Kitts on the vessel Mark Twain. Upon arrival, he was stopped and searched on the Charlestown Pier by a police officer who discovered twenty nine small bags (29) of cannabis in Kelvin’s pocket.

According to Police Prosecutor, Inspector Steven Hector, the defendant was taken to the Charlestown Police Station and was charged for having the illegal drug in his possession.

In his defense, Pemberton apologized to the Court for his actions and promised that the action would not be repeated. The defendant told the Court he was financially destitute at the time and was badly in need of the money and that was the reason for the act. Pemberton also confessed that he is an occasional smoker and have used the drug from time to time.

Her Honour in her admonition to Pemberton stated, “Do not bring any illegal drugs over to Nevis because we already have enough over here.”

After presenting his case Pemberton was asked by the Magistrate if his mother knew he was set to appear before the Court. The defendant said his mother was cognizant but could not make the trip because she was at work. Her Honour asked, “You think if I send you to prison your mom will come and visit you?” Pemberton replied and said “Yes she will come and visit because that is part of a mother’s love for a child”. Ms. Clarke told the defendant she was going to be lenient with him because he had showed absolute honesty.

He was fined twenty five ($2500.00) hundred dollars to be paid in six (6) months or serve six months in prison.

That hearing was followed by a matter that involved larceny and malicious damage. Travis Clarke a resident of New Castle Village and Damio Powell of Cotton Ground were jointly charged on June 24, 2013 for stealing and damaging a Yellow Motor Bike owned by Pierre Borg who was at the time staying at the Oualie Beach Hotel.

Both defendants entered guilty pleas for malicious damages but pleaded not guilty to larceny. According to the Prosecution, on June 13, 2013 Pierre Borg made a report to the Cotton Ground Police Station that his bike had disappeared. The bike was retrieved in the area of Shaw’s Road. Clarke and Powell were also seen lurking in the same vicinity.

The Prosecutor told The Court, that when both men made eye contact with the police they ran off. In the words of the Prosecution the bike was virtually stripped and given a brand-new makeover. The serial number was changed and the seat was removed. In addition to that the fenders were severely damaged. A photograph of the bike was shown in Court and it revealed that it was in good condition before it had been pilfered by the perpetrators.

In their defense, both men stated that they did not steal the Motor Bike but were aware of the damages inflicted. Clarke pleaded with the Magistrate to be merciful, noting that he was in the wrong spot at the wrong time. The two individuals said they would compensate Borg for the damages, or they would purchase a brand new one for him. After hearing those words Her Honour told them she would indeed be lenient. She sentenced both of them to twelve months in Prison.

The two men left the docket looking shell shocked with the sentence that was meted out to them.

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