Acting Senior Magistrate Carlisle Greaves dismissed a charge of theft because he said the prosecution had not proven its case.

Sheroy Fubler, 17, of Sandys Parish, pleaded guilty to stealing a Police baton and also to using an offensive weapon.

Crown counsel Koshea Scott told Magistrates' Court that on January 23 Police saw Fubler in front of Arnolds Grocery in Somerset.

When the accused saw Police, he immediately shoved his hand into his right pocket.

They then searched him under the Misuse of Drugs Act and instead found the baton.

Fubler said: "I am sorry."

Mr. Greaves asked him where got the baton from and Fubler replied: "I found it."

Mr. Greaves said: "You cannot prove theft by finding."

"It could have been abandoned. The police could have said they didn't want it and threw it away."

Fubler was fined $250 of 40 days in prison for having the offensive weapon.