Youth denied discharge in drugs bust
A juvenile pleaded guilty to possessing almost two grammes of cannabis in school.
And Acting Magistratre Justin Williams has ordered a social inquiry report for the boy, who will be sentenced on October 20.
Mr. Williams ordered the report in Wednesday's Juvenile Court session after the boy's lawyer, Venous Telford, asked for an absolute discharge or at least that he not be fined under the increased penalty zone law.
The 14-year-old Devonshire boy pleaded guilty to having 1.99 grammes of cannabis in a school bathroom on March 25.
The boy's name, address, or the school he attends cannot be published for legal reasons.
At first, Ms Telford tried to have Mr. Williams discharge the boy before he had to enter a plea, but Mr. Williams would not break with convention.
Under section 64 of the Criminal Code, someone can be given a discharge under the magistrate's discretion after he has heard the facts.
The conviction -- whether by plea or after a trial -- is expunged from the person's record.
Ms Telford also suggested the discharge to avoid the possibility of the boy being denied entry into the US.
"Somehow, Your Worship, the US authorities appear to be aware of things like this that precludes any hope of young people pursuing their educations,'' Ms Telford said.
She claimed the boy had shown remorse for his actions, was under "constructive correction'' by his parents, and in addition to working for the summer, had been in courses run by the Coalition for the Protection of Children.
But Mr. Williams refused to grant the discharge before the boy entered a plea and he heard the facts.
After the boy pleaded guilty, Police prosecutor Insp. Peter Giles told the court the boy and six others were caught by the school's deputy principal in a rest-room at 8.25 a.m. on March 25.
The deputy head had followed one of the boys into the room. He surprised them and saw the boy reach his hand into his pocket.
After cornering him, the teacher tried to search the boy's pocket but the boy resisted saying: "I only have my wallet in there.'' The search continued and the teacher checked the wallet where he found five pay type envelopes containing plant material, later found to be cannabis.
"That's not my wallet! I found it behind a store,'' Insp. Giles said the boy told the deputy principal who called Police.
"Our concern is that he had marijuana in a school building in a protected area with other boys present,'' Insp. Giles said. "He didn't take it to the authorities which he could have done.'' "I do recognise that he is a juvenile and the Supreme Court directions on the `detrimental effect' of a drug being on school property,'' Insp. Giles added.
"But I do not support a section 64 (a discharge). This is a serious matter.
"We must send a clear message to this school, or any other school or even Bermuda that drug use must not be tolerated.'' The boy's parents were present, but they did not address Mr. Williams nor the court panel.