Duty counsellor's plea keeps youth out of prison
last-minute reprieve.
Fredjuan Hughes, who said he lived between his sister's home in Pembroke and his mother's home in Warwick, pleaded guilty Friday to the charge.
The 19-year-old told Magistrate Edward King: "I'm tired of having this thing over my head.'' Police prosecutor Sgt. Phil Taylor told the court Police on patrol in October last year observed Hughes around 2 a.m. on North Shore Road, Hamilton.
The officers saw Hughes drop an object between his legs which they later discovered to be two twists containing 0.39 grams of 83-percent pure cocaine in freebase form.
The court also heard that in July, 1997,, Hughes was convicted for possession of cannabis.
Hughes told Mr. King that he did not have much to say, but he was trying to change his life.
Mr. King responded that the progression from cannabis to cocaine did not seem to reflect an attempt to stay out of trouble.
Hughes also had outstanding traffic fines, due in June last year, totaling $570.
Mr. King ordered Hughes to pay the fines by 3 p.m. on Thursday or face a 57 day imprisonment.
Hughes said he would not be able to pay the fines in time and requested further time.
He told Mr. King his father had promised to give him money, but that he did not see him on a regular basis.
But Mr. King explained he was following the instructions of the Senior Magistrate and that no more time could be allowed.
And noting Hughes' lack of full time employment, outstanding fines, and previous conviction, Mr. King imposed a separate 28-day prison sentence for the charge of cocaine possession.
But acting duty counsel, Renee Foggo, said using Hughes' unemployment as a determining factor for imprisonment was improper and asked the magistrate to suspend the sentence.
She also said it was the first time Hughes had been convicted for using cocaine and suggested Mr. King fine the teenager instead.
"But he can't pay a fine,'' Mr. King responded. "I have exercised my discretion to send him to prison.'' However, Mr. King later changed his mind after lawyer Elizabeth Christopher launched an official appeal.
The appeal was made on the same grounds that Ms Foggo had raised.
Mr. King rescinded the prison sentence and ordered that a social inquiry report and psychological assessment be carried out on Hughes.