A drug addict who stole from his father was sentenced to three years probation yesterday in Supreme Court.

Earlston Eugene Phipps, 49, of Town Hill, Smith?s, had no representation for the sentencing.

He pleaded guilty on December 10, 2001, in Magistrates? Court for stealing over $42,000 from his father by withdrawing the money from his Bank of Butterfield account. He was able to do this because he has the same name as his father.

Acting Senior Magistrate Carlisle Greaves ordered him to enter the Drug Court programme in February last year. He tested positive for cocaine six times while in Drug Court and was then remanded in custody.

He pleaded guilty to the breach in Drug Court and was sent to Supreme Court for sentencing.

Assistant Justice Mr. Archibald Warner did not feel that Phipps should have been sent to Supreme Court for sentencing.

?Clearly, you?re saying because he played the fool in Drug Court (and) the Magistrate sent him to Supreme Court. This is not what Section 25 is meant for,? he said.

Crown Counsel Wayne Caines stated: ?The Magistrate looked at his record and deemed it necessary to send him to Supreme Court.?

The court heard that Phipps had a long term of sobriety and paid back $8,000 of what he stole from his father as well as $3,000 for rent and bills, and about $20,000 to other people he owed money to.

Mr. Caines told the court: ?The Crown?s submission is to impose a sentence that is in the best interest of the country as well as the defendant.?

The maximum sentence for Phipps? crimes is three years.

Mr. Justice Warner told the court: ?You should look at a way where he can continue paying back his father. Giving him a long sentence is inconsistent with him paying back the money. You seem to think that since he failed Drug Court he should be locked up. That is not the law.?

The court was told the father would now take his son back home.

When asked by Mr. Justice Warner if he had anything to say, Phipps replied: ?I?ve learned a lot in Drug Court about myself. The drug is hurting me and I can?t take it anymore. I would like to pay my father back, if I have the freedom to do so; if not I?ll do it after jail. This has not been easy and I?ve really struggled. I just want to get on with my life.?

Mr. Justice Warner gave conditions with the three year probation sentence.

He told the Phipps: ?Make yourself available for an appropriate drug treatment programme as recommended by Court Services.

?You must immediately seek and keep a full-time job and continue to reside with your father. You must have permission by your probation officer to change address. Repay your father the difference between the money stolen and that which has been repaid.?