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Stalker set free

stalker was found guilty of the same crime, but spared a jail term.

Magistrate William Francis found 36-year-old Carlos Astwood of Hamilton Parish guilty of stalking his former girlfriend Sandra Ruth and handed down a suspended prison sentence of nine months.

Astwood, a carpenter by trade and a former Mr. Bermuda bodybuilder, served two years in prison after being found guilty of stalking and trying to poison Ms Ruth back in 1998.

Astwood represented himself in last month's trial and was yesterday found guilty of stalking, threatening his victim's reputation and using offensive words in a public place.

Magistrate Will Francis said Astwood had claimed he was not the stalker, but he was the one being stalked and his defence was to attack the character of his victim.

But Mr. Francis refuted this defence and said there was compelling evidence that Astwood had contacted the victim and left her his pager number.

Several phone calls were then made between Astwood, the complainant, and her boyfriend, in which Astwood pretended to be different people, and tried to warn the boyfriend not to get involved with the woman.

Mr. Francis said: "I find that I have no doubt that the accused did stalk (the complainant) and cause her alarm by threatening her reputation.'' He found him guilty on all counts.

Before sentencing, Mr. Francis recalled a previous conviction that was mentioned during the trial when Astwood was jailed for two years in February 1998 for stalking the same woman, breaking and entering her home with intent to administer poison, intending her and her daughter to take lacquer thinner with intent to endanger their lives, and damaging her property.

Astwood was given a chance to speak before sentence was passed and said: "My physical and mental life with her are over.

"I've had enough of newspapers, phone calls and conversations in public (about the incident),'' and he said he wanted to let his victim know that he was asking her to leave him alone.

"I'm exhausted and I wish to be left alone,'' said Astwood.

Mr. Francis said: "What I'm hoping is that what you say is the course you will adopt from now on and you will keep away.'' Mr. Francis then sentenced Astwood to nine months in prison, suspended for two years for stalking the woman, and six months in prison, suspended for two years for threatening her reputation, to run concurrently.

Astwood was also fined $250 for using offensive words which he was given until Friday to pay.

The organiser of last week's march, Geneva Humdy-Woodley said she was saddened and frustrated by news of the verdict but she did not feel it appropriate to comment specifically on the case as she did not know the history.

But Ms Humdy-Woodley said the concerned and committed women will continue to march until women's rights are taken seriously in Bermuda and women are safe within the Country.

"We will march again,'' she said. "We will continue to march until we raise the consciousness level in this Country. We've a lot more marching to do and they'll see us out there again.'' Ms Humdy-Woodley said another march is currently in the planning stages although she did not wish to announce a date.

Chairwoman of the Women's Resource Centre (WRC), Penny Dill, also commented yesterday about difficulties associated with prosecuting stalking.

"Stalking is a serious offence but most cases that come to our attention are proceeded with under the Domestic Violence Act rather than the Stalking Act as the offender is often known to the victim,'' she said.

"Stalking legislation is still fairly new and it's far easier to stalk someone in Bermuda because of the smallness of the Island than in other jurisdictions, and in some cases, it is harder to prosecute.'' She continued: "The Women's Resource Centre is concerned the victims of stalking are protected and therefore we are recommending when an offender is released back into the community, it is essential that they are given guidance as to why their behaviour resulted in the court proceedings and be given the appropriate counselling.'' Ms Dill said the WRC dealt with 108 protection orders last year and seven cases of clients dealing with issues of stalking, both male and female.

Prosecutor Charmaine Smith would not comment on a possible appeal on the sentence.