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BERMUDA | RSS PODCAST

`I try my best to be fair'

-- the impression of Senior Magistrate the Wor. Will Francis is the same: Here is one of Bermuda's Mister Nice Guys.

Even while lecturing a defendant, his words coming out in trademark, staccatic bursts, the image prevails.

The impression might prompt the question: Do we really want a nice guy dealing with our criminals? Others, however, might counter: The last thing Bermuda's fragile race relations need is a legal hawk on the bench.

When the 63-year-old former Mid-Ocean News reporter insists he always strives to be even-handed, you believe him. You also believe him when he says perceptions of unfairness trouble him.

"I am aware of that perception, and I try my best to treat people with absolute fairness and equality,'' he tells says.

"People, however, do sometimes fail to understand how sentences are meted out, and how judges do their work.

"For example, let us assume we have a black person before the court who has a number of previous convictions.

"People see him get a certain sentence and then they see a white person, maybe a first offender, get a different sentence for the same offence.

"Often people will say `hey, this white guy got a lower sentence'. That can feed the perception the courts are treating races differently.'' The former Berkeley Institute student adds: "I suppose we are going to have the perception of inequality as long as it is perceived that real economic power is in the hands of whites, and as long as, for whatever reason, black men get into trouble with the law.'' Mr. Francis says he agrees with the thrust of the Judge Stephen Tumim report on Bermuda's criminal justice system.

And he muses: "I met with Judge Tumim and I believe I am partly responsible for why Probation officers are so overworked.

"I have sought, wherever possible and where it was right, to give a sentence other than imprisonment, particularly for young offenders and first-time offenders.'' Mr. Francis says four things go through his mind when sentencing.

"Firstly, rehabilitation. I hope I can rehabilitate a person, but when you see three or four previous convictions, sometimes that is not an option.

"Secondly, prevention. I have to take a course of action which will prevent this person from posing a danger to the public.

"Thirdly, deterrence. I have to send a message. And fourthly, retribution.

"I have to show by way of the sentence the strong feelings of the community against the offence.'' When he takes to the bench at Plea Court today, it is a safe bet that one or more of the defendants before him will be all too familiar. Has the criminal justice system become a revolving door? "Today, as we become more computerised, there are fewer and fewer unskilled jobs around. I think in this Country, as with other countries, you are going to find a lot of unskilled people falling into crime.'' Mr. Francis backs Judge Tumim's call for the problem of traffic offenders to be addressed.

"I am concerned about young people who get themselves in a position of being face-to-face with the Police or Magistrates, because they can quickly become hardened to this sort of thing. Being stopped by the Police can mean nothing to them.''