Magistrate rejects plea to set `thunderous' precedent
"thunderous'' precedent by decriminalising a man convicted of possessing cannabis.
The Wor. Will Francis refused to be swayed by claims Government was moving towards treatment -- and away from fines and imprisonment.
"It is for Parliament to set a precedent,'' he told defence lawyer Mr. Archie Warner.
Mr. Francis fined 33-year-old Warwick mason Russell Butterfield $200.
Butterfield, of Cobbs Hill Road, a father-of-three, pleaded guilty to possessing 1.81 grams of cannabis.
Insp. Peter Duffy, prosecuting, said Butterfield was caught with the drug at a friend's house on January 29.
Police saw him throw a small plastic bag to the floor of the living room after raiding the Pembroke property.
Mr. Warner said Butterfield was visiting friends and playing cards when Police entered.
"He was using the drugs for his own recreational use,'' he stressed.
Mr. Warner urged Mr. Francis not to be prejudiced because Butterfield was a Rastafarian.
He said Butterfield was a family man who could be placed on the United States `Stop List' if he was criminalised.
This would prevent him from taking his three young children away on holiday.
"I am asking you to move away from deterrent principles, including fining this defendant,'' said Mr. Warner.
He cited Government consultant Dr. David Archibald's report on a national drugs strategy for Bermuda.
Mr. Warner said legislation would shortly be brought in to decriminalise the drug taker.
"I am asking you to break tradition and in fact set the pace. In this case there is a small amount of drugs found in a private residence.
"You have a black Bermudian who was unemployed at the time and was seeking release from his stress.'' Mr. Francis, however, said he was being asked to set a thunderous precedent, and suggested Mr. Warner's plea may backfire.
It could bring attention to Butterfield's case, and increase the likelihood of him being placed on the Stop List.