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‘Traumatised’ teen given benefit of doubt

A troubled teenager was spared jail yesterday after a court heard he had experienced “a great deal of trauma and turmoil”.

Zywonde Lema said he was “really remorseful” after he pleaded guilty to taking two motorcycles without consent and twice handling stolen goods.

Lema admitted taking a Suzuki Impulse without consent and the theft of a rain jacket in Southampton on September 17, 2019.

He also pleaded guilty to taking a Honda Vario in Pembroke on November 14 last year.

The teenager admitted handling a stolen Samsung mobile phone worth $250 and a stolen pair of Nike sneakers valued at $200 on unknown dates in March.

Maria Sofianos, for the Crown, told Magistrates’ Court that a jail sentence of between six and 12 months “for all matters consecutive” would be appropriate.

Ms Sofianos pointed out that the second bike-related charge happened after Lema was arrested for the first, and that both of those incidents were before the handling of stolen goods offences.

She told the court that she believed Lema “downplays ... his culpability and full knowledge of what was going on” when he was asked about the incidents.

The court heard that the teenager said earlier he bought the bike in the first incident but had no ownership documents. The jacket was in the vehicle.

Bruce Swan, the defence counsel, said that Lema claimed someone gave him the mobile phone and asked him to sell it.

The lawyer added: “He didn’t ask any questions.”

Mr Swan said that the sneakers had been a gift.

He added: “A friend knew of him needing shoes and had given him these shoes.

“Again, Mr Lema didn’t ask any questions as to where they came from or why they were being given to him.”

Mr Swan said: “We have a young man who will be turning 19 soon, who — not to make excuses for Mr Lema — has had a tough life.

“He quite possibly has put himself in some bad situations.”

The lawyer said that a social inquiry report showed that Lema had suffered the death of his father and that he went to different homes under the care of the Department of Child and Family Services.

Mr Swan added: “Unfortunately, the gentleman became what I would call a broken young man and him being put up at Westgate is not going to heal that broken young man.”

He said: “Throughout the course of time that I’ve known Mr Lema ... he has made some changes in his life. I’ve seen some maturity in him in recognising the behaviours and holding himself accountable, making better associations.”

Senior magistrate Juan Wolffe pointed out that the report said Lema had no fixed address since last year.

He added it was reported that the defendant first smoked cannabis at the age of 10 and used it every day after he returned to Bermuda from time spent in programmes overseas as a way to “self-medicate”.

Lema told the court he had found accommodation in Southampton over the past few days and was part of the Hustle Truck programme, which helps unemployed people to find work.

Mr Wolffe asked Lema for the background to his criminal career.

Lema told him: “I’ve been beat, I’ve been abused ... I’ve been homeless since I was young.”

He added: “I basically raised myself ever since my daddy died and that’s when I was 8.”

Lema said he was sent away and added: “They forgot about me.”

The court heard that he spent time in Pennsylvania where he was “one of the top quarterbacks” and had secured a scholarship for American football before he was brought back to Bermuda by the Government.

Lema said that he hoped to be either a top chef or a quarterback in the next five years.

Mr Wolffe told the court that he took into consideration the defendant’s guilty pleas.

He added that he also took account of the “regret and remorse” shown by Lema and that he had relied heavily on the social inquiry report.

Mr Wolffe said: “It is obvious that the defendant has experienced a great deal of trauma and turmoil in his life, most of it imposed by those who were supposed to have loved him and through circumstances that were beyond his control.

“He must take full responsibility at least for some of the things, some decisions he’s made, but I understand why he would make such decisions.

“He’s a young man who has a lot of complexities in his life, all of which seem to be punctuated by the passing of his father, being of no fixed abode and drug use.”

Mr Wolffe said that if Lema’s claims about being able to become a quarterback or chef were genuine “being the age that he is at now, anything is possible”.

He added: “Those things will not be possible if he’s incarcerated.

“I think it’s far more beneficial to the defendant and to society as a whole that he be in the community where he can work on a lot of issues that seem to be at the root of his offending behaviour.”

Mr Wolffe sentenced the teenager to two years’ probation.

He ordered Lema not to associate with known bad company, to submit to random drug testing and to take part in counselling programmes if told to by the Department of Court Services.

Lema was ordered to pay $200 compensation for the sneakers.

The court heard that the bikes were recovered and that the mobile phone was returned to its owner.

Mr Wolffe said: “It’s time, Mr Lema, to stop this whole ‘woe is me’ attitude. Whatever happened, happened.”

He added: “Terrible that it did happen but you’ve got to put it in your rear-view mirror.”

It is The Royal Gazette’s policy not to allow comments on stories regarding court cases. As we are legally liable for any libellous or defamatory comments made on our website, this move is for our protection as well as that of our readers.

Second chance: senior magistrate Juan Wolffe sentenced Lema to two years’ probation instead of jail (File photograph by Akil Simmons)