Magistrate Edward King yesterday used his discretionary powers to withdraw fines levied against a Frenchman who leaves the Island for home today.

Stanislas Patrick Mathieu, in heavily accented English said "thank you very much Sir'' before walking from Magistrates' Court despite being caught by Police 12 hours earlier driving while impaired.

Mr. King, after questioning Mathieu, ruled that he was not able to pay $1,350 in fines because he only had $1,000 at Hamilton Police Station.

The rest of Mathieu's savings after working in Bermuda for two years have already been sent home in preparation for his return.

"In the circumstances, I excuse the payment of all of the fines,'' Mr. King said. "You must not kick a man when he is down. You can't! He's going on another side of the world and won't have any money to get home.

"Under section 33 (a) of the Summary Jurisdiction Act, I excuse these fines.

But you're still disqualified from driving all vehicles if you return to Bermuda, Sir.'' Mr. King had heard that at 12.38 a.m. Police saw Mathieu run a red light at the junction of Burnaby and Front Streets while riding an auxiliary cycle.

Crown Counsel Graveney Bannister said Mathieu appeared to be intoxicated and smelled strongly of alcohol.

He submitted to a breath sample but Mr. Bannister did not read out the results of the test in court.

Mathieu pleaded guilty to impaired riding. The customary fine in recent months for impaired driving or riding is $1,000 with a mandatory ban from the roads of one year.

Mathieu was also fined $250 for riding an unlicensed cycle and $1,000 for not having third party insurance.

He explained he brought the cycle from a compatriot who was returning home last January but was not able to get it licensed because he did not have a bill of sale.

"I could not get it licensed because you are required to have a bill of sale otherwise TCD are not going to licence it,'' he said.

Mr. King said he believed Mathieu and dropped the fines to $100 and $500 respectively, but said he would "still be treated like anyone else'' for the impaired riding charge.

But Mathieu explained: "I'm not allowed to work. My Immigration is gone.'' Mr. King replied: "What? You work for two years in Bermuda and you didn't save any money?'' "I saved,'' Mathieu replied, "I saved it and I sent it home before me. I didn't need it here. I can send it back but I only have enough to help for the transportation. All I have is for hotels.

"I know I made a mistake -- I can't go to prison,'' he added. "I'm a chef.

I'm a good chef, I can cook your dinner tonight!'' After thinking in silence for a few minutes, Mr. King said: "Look, the defendant explained his work permit is spent and he's already remitted his funds home.

"He's leaving the Island for good on Thursday and in the circumstances I excuse his payment for all but $500. So you still have something to pay.'' But when a Police officer told Mr. King that only $1,000 had been confiscated from Mathieu just hours before, he relented and wrote off all of the fines.

He added: "You catching the Chunnel train? Yes, good. Have a good ride.''