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Lawyer steps in to get sentence amended

Lawyer Victoria Pearman saved a 20-year-old apprentice surveyor from 30 days in prison at Magistrates' Court on Wednesday.

Timothy Davis pleaded guilty to a charge of obstructing a Police officer but acted "stupid'' during the proceeding.

The court heard how, on March 14, Davis, of Ferrars Lane, Pembroke, came across three friends who were being quizzed by Police after being stopped on Richmond Road, Pembroke.

The three were riding a motorbike and one of them was not wearing headgear.

Police at the scene told Davis and another young man, who was walking beside him, to move on but Davis remained.

Davis said to the officers: "Why did you stop my friends? Why don't you go look for a bag snatcher?'' When Police demanded that Davis move on, he said: "This is a free country and I'm standing here in the road. You can do whatever you like, I will talk to your boss.'' In court Crown counsel Shade Subair said Davis continued to be obstructive to Police, who subsequently arrested and detained him.

Senior Magistrate Archibald Warner said to Davis: "You can't interfere with Police doing their duty.'' But Davis accused Police of lying in their report and said: "I just want to get my fine and get out of here'', as Mr. Warner attempted to explain the consequences of a conviction.

Mr. Warner asked: "You want to be a martyr?'' but Davis did not know what a martyr was.

Mr. Warner said: "You don't seem very concerned about this. You have got to be careful of your behaviour.'' Davis continued to act nonchalant before Mr. Warner said: "Fine. You want your conviction and your fine -- $300.'' Davis was denied time to pay and when he asked what would happen if he could not pay, Mr. Warner told him he would spend the next 30 days in prison.

As Mr. Warner moved onto the next case, duty counsel Victoria Pearman got up from her seat near the Magistrate's bench and spoke quietly with Davis before addressing Mr. Warner.

She said: "I don't think he's rude -- I think it's a misunderstanding. He didn't really appreciate the gravity of this matter.

"He does know this is a serious matter and he appears to be a young man with a decent future. I think it was a lot of frustration on his part.'' Mr. Warner replied: "I was trying to tell the young man that this is a serious offence -- I don't think it merited a conviction.'' Davis apologised and said: "I've had a job for three years and I don't need 30 days in prison.'' Mr. Warner said: "Don't you see. Thirty days can only come after a conviction. This behaviour could lead to a criminal conviction -- it has at this moment.'' Mr. Warner said the problems with criminal convictions include less job and travel potential.

"You don't seem to appreciate or care,'' said Mr. Warner.

Davis replied: "It was steam, it was frustration.'' Mr. Warner said: "Your problem is a lack of judgment. Blow steam at the Police and get locked up.

"And you blow steam in here. You are your own worst enemy,'' he added.

Mr. Warner said Davis did not see all of the earlier trial and would not know the defendant, who was found guilty of speeding, was happy with the treatment the court gave him.

"But again, you want to interfere,'' said Mr. Warner.

Ms Pearman said jokingly: "Maybe he should take up law.'' Mr. Warner said: "I don't want to lock you up but if you don't want to avoid it, then it's no sweat off my nose. I write words on pieces of paper and go to have lunch.

"I bend over backward to help young men like you who deserve help but if you don't want it...'' Mr. Warner paused.

" And despite your stupidity and your attitude I still don't believe you deserve to have a conviction.'' Mr. Warner then amended the sentence and bound Davis over to good behaviour for 12 months.'' Victor Pearman