after admitting he stole 35 fish, property of the City of Hamilton.

Shawn Herbert, 25, said he had intended to feed them to his own tropical fish, said Police prosecutor, Inspector Peter Duffy.

Police officers on patrol on Church Street on 25 September spotted Herbert crouched behind a hedge and leaning over the City Hall pond with something in his hands.

On seeing the Police, Herbert grabbed a blue nylon bag and fled. He was pursued by the officers who stopped him on Trott Road, where he was found holding a plastic bag of small fish valued at $35.

Herbert was arrested and taken to Hamilton Police Station where he admitted to stealing the fish. He explained that when he shone a torch into the pond, the fish were attracted to the light whereupon he scooped them up.

The accused, who lives with his family in Pembroke and is unemployed, has previous convictions for stealing and breaking and entering.

When asked if he had anything to say to the court, Herbert replied he did not.

Senior Magistrate, the Wor. William Francis, after being satisfied the fish had been returned to the pond, administered the fine.