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Around the Courts

A 44-year-old man who allegedly drove off in a stolen car despite a Police officer being on the scene on December 23 will be tried in the new year.

Brian Rogers of Friswell's Hill, Pembroke was charged with driving a car that was not his, acting in a threatening manner later that day on Coral Hill Road, Pembroke, and violently resisting arrest.

Police also allege that Rogers had a bladed item at the time of his arrest. His final charge was for escaping custody, though Police later detained him.

Rogers is represented by Charles Richardson and will appear in court on February 20 for allegedly stealing the car. He will appear on March 1 for the counts pertaining to his arrest.

He was released on $1,000 bail for the February court date and $5000 for the March court date.

A man who swore at Police told Magistrate Khamisi Tokunbo that he was arrested as a result of a "bad investigation" and that the "real villains got away".

Joseph Arorash of Atlantic View pleaded guilty to swearing at Police Officers and drinking liquor on December 10 on Burnaby Street.

Arorash told the court it was not his fault.

"It was Christmas, there were some villains in the area and they called the Police," he said after stumbling. "I was never talking to Police. I was talking to the villains but they escaped."

Arorash had obviously been listening earlier in Plea Court when Brian Rogers (see above) was charged with escaping Police custody because he attempted to use some legal arguments in his explanation.

"And as you know ? your honour ? escaping custody is a serious offence, a very serious offence. The villains escaped lawful custody and I was left there and arrested."

The courtroom, including lawyers who were present, could not suppress their amusement with Arorash's statements.

Mr. Tokumbo thanked him for the explanation and fine him $300 words for using offensive words and $150 for drinking liquor in public.

In an effort to save a young man's future Magistrate Khamisi Tokunbo conditionally discharged him for drug possession, but attached many strings.

Mr. Tokumbo told Ezra Ararat, who is 19 and lives in Cedar Park, Devonshire, that a conviction for drug possession could ruin the rest of his life.

On August 21 he a passenger on a cycle that was stopped, officers said he dropped a "brown twist" containing weed once he got off the bike.

When asked about it he told officers it was "just a little weed to smoke before a party".

He apologised to the court and told Mr. Tokumbo that it was his New Year's resolution to stop "all that".

To which the courtroom laughed and Mr. Tokumbo said: "Oh? So you have two more days then!"

He told the young man a conviction could mess up his future and that he could conditionally discharge him if he was willing to comply to a laundry list of stipulations.

The young man agreed to submit to random drug tests, abstain for alcohol and inform Bermuda officers when he was leaving the Island for the next 18 months.

The continual discharge means that Ararat will not have a conviction on his record, if he meets the requirements during the next 18 months, thus he will not become "ineligible" to travel to the US.

A 21-year-old Warwick man was given a three month suspended sentence in Magistrates' Court last week for using offensive language, resisting arrest and assaulting a Police officer and causing bodily harm.

Crown counsel, Nicole Smith told the court that on October 30 at about 10.30 p.m. Police on mobile patrol in Reid Street saw Butler, of Roderick Butler from Cross End Lane involved in a brawl. Butler punched one of the officers and shouted curses at Police.

Butler pleaded guilty to all three charges, but duty counsel Leo Mills told Senior Magistrate Archibald Warner that Butler was drunk and claims not to have hit the officer.

"If he was so drunk how does he remember so well?" Mr. Warner asked. Butler hung his head while Mr. Mills asked the court to take Butler's age, his guilty plea as well as the fact that he has no prior convictions.

"A stay at the western Princess is something he would like to avoid," Mr. Mills added, hinting at a prison term at Westgate Correctional Facility in Ireland Island. Asked if he had anything to say, Butler apologised for his actions, adding: "I don't usually act that way."

Mr. Warner said an immediate custodial sentence was the only way to deal with him (Butler). "I have to open my eyes really, really wide to find any exceptional circumstances," Mr. Warner said.

At that point, Butler's father, Carlton Butler appearing barefoot in court, said he had been wrongly convicted several times for assaulting Police and he did not believe his son had any intention of doing this either.

"But he pleaded guilty!" Mr. Warner replied and told Mr. Butler to be quiet as he was only making it worse. Mr. Warner said the only exceptional circumstance he could find was the fact that Butler had no prior convictions and handed him the suspended sentence and fine.

When Butler said he could not pay the $2,000 fine, Mr. Warner responded: "Maybe your father will pay your fine, seeing as he does not think you did it."