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TCD licence salesman admits ?official corruption? charge ? the first in 99 years

A Transport Control Department clerk who licensed unqualified drivers ? including several men who failed the written tests repeatedly ? in exchange for cash was jailed for a year yesterday.

Chief Justice Richard Ground heard Kishi Trott took a total of $3,525 from ten men, some of whom had repeatedly failed their driving tests. He had himself previously been prosecuted for driving while disqualified.

Trott was the first person to be convicted under a hundred-year-old offence of 'official corruption' since records began in 1936, and had faced a maximum sentence of three years.

Jailing him for one year after hearing the facts of the case, Chief Justice Richard Ground said: "Put bluntly, it's all too easy for a person in a position of trust to do this sort of thing unless deterred by imprisonment."

Crown counsel Cindy Clarke had told how 23-year-old Trott, of Anchorage Lane, St. George's, had his home searched by Police on August 19 last year as a result of information received.

The officers found eight medical application forms used for applying for a driver's licence and Trott, a married father-of-one was arrested on suspicion of stealing.

Ms Clarke explained that in order to obtain a Bermuda driver's licence a person must pass a medical and sit a multiple choice exam at TCD.

If successful, the candidate is given a certificate and they have 30 days to then take the practical driving examination.

The eight application forms seized bore the names of Portuguese nationals who had passed the required medical examinations ? Antonio Pereira, Emanuel Oliveira, Jose Medeiros, Serafim Sousa and Victor Andrade.

When the five men were interviewed by Police they said they had handed $500 cash to Trott in exchange for licences when they had not taken their driving exams.

Five more men, Jorge Pacheco, Heldeberto Pimentel, Justin Hassell, Jerome Martin and Joseph Vieira also told Police they handed over cash in exchange for licenses without sitting their tests. The offences occurred between April and June 2005.

Checks showed Trott had altered or falsified computer records in order to hand over the licences. Ms Clarke said Police attempted to interview him, but he maintained his right to silence.

He had previously been prosecuted for using offensive words in a public place, driving while impaired and driving while disqualified. He pleaded guilty to five charges of official corruption in relation to the TCD offences on June 1.

Asking for Trott to be sentenced to between nine and 18 months behind bars, Ms Clarke said: "This is the first conviction for official corruption. Official corruption strikes at the health of society and unless strongly deterred has a ready capacity to spread."

Darrell Clarke defending Trott, asked Mr. Justice Ground to hand his client a suspended sentence.

He said Trott claimed others were involved in the scam at the TCD, telling the court: "He alleged that his supervisor had established a pattern of similar behaviour and as a result felt confident he could do the same... it appears this is the sort of thing that was going on down at TCD."

Mr. Clarke said someone in a higher position than his client would have to sign off a licence before it was issued.

He said Trott had a problem with alcohol and substance abuse, and committed the offences because he was in debt.

He added that some of the Portuguese nationals had failed their written exams ? some repeatedly ? which is why they bought licenses from Trott.

At this point Mr. Justice Ground remarked: "That makes it worse!"

The Chief Justice went on to say that the remarks about other TCD staff were "unsubstantiated allegations" which he treated as groundless. He told Trott he should have told the Police, but had not.

Addressing the court himself, Trott said: "I would like to apologise to the court for my actions. This will never happen again. I'm deeply and truly sorry."

Mr. Justice Ground had appeared surprised to hear at that the offence of official corruption had been on the statute books since 1907 but apparently never resulted in a conviction before.

He also said the maximum penalty of three years was low considering the seriousness of the offence.

Speaking after the hearing, Ms Clarke told she couldn't say why the law had not previously been used.

She said Trott was the only person brought to court over the licence scam. Ms Clarke also confirmed the people who bought licences had them revoked. Mr. Clarke said his client had been fired from his job at the TCD.