Readily identifiable street person Keith Peniston was jailed for six months on Friday for possession of a crack pipe.

Magistrate Edward King dismissed a suggestion from duty counsel Paul Harshaw suggested that Peniston's guilty plea may not have been valid because of the defendant's mental record. Peniston is currently a patient at St. Brendan's psychiatric hospital.

"Keith! You know that I know that you know when you're not doing right,'' Mr.

King said. "You know that when you see me in a certain place you take off.

He's not insane, he's not crazy.

"Keith, where did you sleep last night?'' Mr. King asked.

"Police station,'' came the reply.

"Okay, where did you sleep the night before?'' Mr. King continued. "Where are the rest of your clothes?'' "St. Brendan's, my stuff is at St. Brendan's,'' Peniston replied. "I been staying there since a week ago. I always stay there but they told me they don't have any room.'' When Mr. King asked if he worked, Pensiton said: "I get hustles for money. I used to be on Front Street (panhandling) but I moved on. I used to wash cars but I stopped.'' When Peniston, 43, told Mr. King he would pay any fine he might get with his "disability cheque'' from Government, the court learned the veteran magistrate's philosophy on social assistance.

"You know where Government gets that money, Keith?'' Mr. King asked. "From me and all those who work. I don't like you telling me that you're going to take my money to pay a fine.

"My money is for you to do good with, not evil Keith,'' he added. "You're indigent. That means you don't have the means to pay, I know that. But I can't overlook the fact you're a repeat offender.'' Crown Counsel Graveney Bannister said Police went to the public restrooms on Union Street at 11.30 a.m. on September 11 after receiving complaints from the public.

They saw Peniston entering the building and checked the men's room and found nothing.

Police found Peniston in a locked stall in the women's restroom but they had to "enter it by force'' to conduct a search under the Misuse of Drugs Act after he refused to open it.

They saw him clutching a homemade pipe made from an alcohol miniature bottle and a match in another. The pipe was found to have traces of cocaine in it.