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Ministry loses appeal

case of Shayne McRoy Smith who in 1986, was convicted and jailed for 14 years for attempted murder.

Released on parole in March, 1993, Smith came back to the Police spotlight when in July of 1995 he was picked up for possession of heroin with intent to supply.

On three other occasions Smith came to Police attention with reports that he intended to shoot an unknown person. Informants also told Police Smith had possession of a firearm.

A recall of Smith's parole was recommended by Police, and members of the Treatment Offenders Board concurred. The order however did not specify the breach or the allegations against Smith.

Ms Elizabeth Christopher appealed the order, arguing to the effect the recall effected the liberty of the prisoner and the Rules of Natural Justice demanded he be informed of allegations against him, and he be given an opportunity to make written or oral representation.

A trail judge upheld Ms Christopher's appeal and quashed the order.

In a written decision Court of Appeal President Sir James Astwood, Mr. Justice Cons, and Mr. Justice Zacca upheld the original judgement, stating that the Rules of Natural Justice had been breached when Smith had not been informed of the allegations against him.

MAN GUILTY OF OBSTRUCTION CTS Man guilty of obstruction A Warwick man was fined $325 in Magistrates' Court this week after he pleaded guilty to obstructing a Police officer and speeding.

The court heard that Marvin Robinson, 24, of Cedar Hill was pulled over for speeding at 60 kilometres per hour along Crow Lane on November 8.

He asked to see his speed on the radar gun and rode back with the officers to the Suzuki Centre where he had been clocked.

The Police officer, who was trying to issue him a ticket, asked Robinson to turn his motor cycle off which was idling. Robinson refused and went to ride away but the officer grabbed the key and turned it off.

Police prosecutor Sgt. Phil Taylor said Robinson then threatened to walk the cycle away and told the officers: "You guys are wrong -- I'm not taking the ticket.'' He then began pushing the cycle up Spurling Hill and was arrested for obstructing a Police officer in the execution of his duty.

But Robinson -- a waiter at the Southampton Princess -- painted a different picture when it was his turn to speak.

He said: "That's absolutely wrong.'' He claimed the Police officer who turned his bike's motor off had "ripped the key and the ignition -- everything -- out'' while he was talking to the other officer whom he knew.

His cycle was new and worth $3,500 so he wanted to lodge a complaint and pushed it to the Police station where he was then arrested.

Acting Senior Magistrate Cheryl-Ann Mapp fined Robinson $225 for speeding and $100 for obstructing the officer.