The Police and the courts are unable or unwilling to crack down on domestic violence, says a local man who claims he had his nose broken for going out with a batterer's ex-girlfriend.

Mr. Quinton Smith wants Bermudians "to know the gravity of domestic violence and assaults on innocent people''.

He and his girlfriend have been the victims of continued attacks by her old boyfriend, he claimed.

"We have lived the past six months in sheer terror,'' he charged.

Yet the culprit continues "to walk free''.

After appearing in Magistrates' Court this month for assault, destruction, possession of a weapon and trespassing on the couple's Pembroke residence, he was fined a total of $400 and allowed to leave.

Previously, the man had kicked in the door of their rented apartment and smashed a window, Mr. Smith claimed.

Police were called, but when he went to court to face charges he was merely bound over to keep the peace for one year, Mr. Smith said.

And in that year: "When the culprit came to my job and assaulted me, it caused me to sustain a broken nose, '' he claimed.

"Bound to keep the peace. Ha! The culprit still walks free to terrorise me and his ex-girlfriend.

"He still calls her, intrudes on her job and home. He still sneaks around our home, cursing, threatening and causing a disturbance to the point where my landlord has threatened to evict us because of the behaviour of someone who does not live there.'' The man's actions went even further, Mr. Smith said.

One night he had their telephone service cut and then "stood outside my window chanting at us to call the Police knowing he had disabled the phone''.

"The judge says don't take the law into your own hands. Well I have called the Police and they say that I can't prosecute until he is caught on my premises. Now I won't lose sight of the fact that this culprit was bound over to keep the peace for a year and yet all of these things have happened within that year. Where does it end? When I hurt the culprit and go to jail, or he hurts me or his ex-girlfriend? "As long as he knows that he can keep doing it and get away with it, he'll continue.'' Community Relations Officer Insp. Roseanda Jones said there were things the couple and others in a similar situation could do to address the problem.

For one, Insp. Jones advised them: "Call the Police every time something happens.'' They could also get a court restraining order.

They would not have to prove anything to get such a letter sent to the culprit barring him from contacting them or coming on the premises, she noted.

However, though the fine would be harsher for breaking the order, it would probably not result in him being jailed, she said.

She added that defying a sentence of being bound over to keep the peace did not usually result in prison.

In any event, prison would not keep the man away from them indefinitely, she pointed out.

Insp. Jones said Police would not refuse to come to a incident if the culprit was not on their premises. However, it may be difficult for Police to prosecute when they can't prove the man was on the premises and was the taunter.

Physical Abuse Centre chairperson Mrs. Arleen Swan said in her opinion the problem lay mostly with law enforcement and the judicial system.

"These laws (concerning privacy and restraining orders) may be in place but how are they enforced and do the people really get satisfaction from them at the end day?,'' Mrs. Swan said. "Unless the judiciary follows through consistently and application is applied consistently all the way out through to sentencing people will think it's play -- the punishment does not fit the crime.'' Mrs. Swan said she understood laws dealing with assault sentences had been toughened, however, "Evidence of their (judges') ability to give higher sentences has not been seen so far.'' She added: "The recent death of Rochelle (West) has sparked a lot of concern it's too bad it had to happen for people to really pay attention and listen.

It's unfortunate what the young man and his girlfriend say they have to go through because they shouldn't have to.''