A man who was disqualified 12 months for driving while impaired in May returned to Magistrates' Court to face a similar charge and was given a three month suspended sentence, banned three years from driving and handed $2,800 in fines.

Kong Yau Poh, 27, of Border Dell Lane, Devonshire, pleaded guilty yesterday to driving while impaired, driving while disqualified and failing to comply with a breath test.

Crown counsel Cindy Clarke told Magistrate William Francis that Poh was seen by Police officers travelling east along Front Street at 3.20 a.m. on August 4. Once he was stopped, officers noted Poh could not put the bike on its stand and appeared unsteady.

Ms Clarke told the court that Poh had been disqualified earlier this year (May 13), for driving while impaired.

Poh apologised to the court and said, "I wasn't drinking too much".

Mr. Francis asked the duty officer, Peter Farley, if Poh really understood how serious his offence was, before handing down a three-month suspended sentence - in force for three years - a three-year disqualification from the road, a fine of $2,500 and $300 fine for failing to comply with a breath test.

As Mr. Francis pondered his sentence, observers in the courtroom began demanding loudly "lock him up", and "what is he (Francis) doing... just last week he (Mr. Francis) locked up someone for a lesser offence", and "if he was a Bermudian you would lock him up".

Poh's sentence comes less than a week after Mr. Francis sentenced an Australian, Patrick McCarthy, to 30 days in jail for driving while disqualified; it was McCarthy's first offence. Poh was driving while impaired on both occasions.

Speaking to The Royal Gazette yesterday about the appearance of a disparity between the two sentences, Mr. Francis said: "I sentenced him (McCarthy) to 30 days in prison because he had been disqualified from driving less than a month before he was caught driving again.

"(Poh's) case was completely different... Poh was caught driving while disqualified three months after being disqualified.

"His first offence was for driving while impaired, but his second was for driving while disqualified. I don't think I would send him to prison for driving while disqualified, but this fellow McCarthy, it was his second time for driving while disqualified. Greaves put him (Poh) off the road for driving while impaired.

"I gave him a substantial fine, a (three-month) suspended sentence for three years and three years off the road. I fail to see the disparity.

"As for driving while disqualified, I see two to three people in each traffic court and if I were to send all of them to prison, Westgate would be full of people who committed this offence - I don't send them to prison."

Mr. Francis continued, "I gave him a suspended sentence - that means that he is guaranteed prison if he commits this offence again. He will get the three months that I gave him and another six months that will be added by another judge which will run consecutively."

Ms Clarke refused to comment on the decision.

More Court, Page 8