Log In

Reset Password
BERMUDA | RSS PODCAST

Burgess convicted of dishonesty offences

deadlocked on whether he committed a housebreak with another man in March.

Damon Ray Burgess sat silently as the jury forewoman admitted to Chief Justice Austin Ward the eight women and four men did not think they could come to a majority verdict on the housebreaking charge if given more time.

The admission came after almost five hours of deliberation in the three day long case.

Burgess was unanimously convicted of uttering a forged cheque at the Shelly Bay Marketplace, uttering a forged cheque at the A1 supermarket and obtaining $430 worth of cash and property by false pretences.

He was cleared of housebreaking into Phillip Chadwick's Aubrey Estate home with Clarence Nicole Simmons on March 2 and stealing cash, $3,000 worth of jewellery, and a chequebook.

Simmons pleaded guilty last week to the charge and was sentenced to four and a half years in prison.

He testified this week that Burgess was with him when he broke and entered the Chadwick home.

The jury interrupted their deliberations to ask two questions of Mr. Justice Ward who warned them that they "are the sole deciders of fact'' and that he would "refresh your memory''.

"I have to tell you that you have to act on what you heard from a witness,'' he said. "I was making notes, I try to make a full note of everything. As to specific things, I'll tell you what I wrote but I have to give you a caveat that you must react on what you heard.'' Mr. Justice Ward accepted the jury's verdict on the dishonesty offences and discharged them from further deliberations on the housebreaking charge.

Burgess will be sentenced this morning after any previous convictions are taken into account. The maximum sentence for such dishonesty offences is not known.