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Man who opted for jail over $400 fine says system makes no sense

Attorney General Mark Pettingill (Photo by Akil Simmons)

The man who opted to spend 40 days in jail over a $400 fine for a hand-held device conviction said “the system makes no sense”.Duane Lindo, 50, of Lookout Lane, Devonshire spent three hours behind bars at Westgate Correctional Facility before his employer paid his fine.And he maintained that he was quite prepared to do the time as a matter of principle.“He said to me that none of his employees will be in jail, and that he will take something out of my pay every week to repay it,” Mr Lindo said.“That wasn’t my choice but I’m out now and I’m not even going worry about it, although I still think it was a lot of nonsense.“It was a matter of principle, absolutely, the whole thing makes no sense.“I still say I should have gotten a warning because the iPod was not on.“And I was quite prepared to do my time on principle because the whole thing was absolutely ridiculous.”Asked what it was like to be incarcerated at Bermuda’s maximum security prison, he chuckled.“I made a lot of friends in the short time I was there, and jokingly I asked where was my limousine when they released me.”He added that his stay would have cost taxpayers much more than the $400 fine.The issue was put to Bermuda’s Attorney General Mark Pettingill, who agreed that perhaps it’s time to take another look.“When you put it in those terms it doesn’t make a lot of sense,” Mr Pettingill said. “But then again you have to look at where does the bite come into play.“And also that’s a pretty rare case where somebody is going to choose to go to jail.“Speaking from the Magistrate’s standpoint we’re trying to bring something to it to encourage strongly that this has to be paid.”Considering that it costs taxpayers approximately $81,000 per year to house each inmate, he admitted that there’s “a degree of frustration in that”.Asked what he plans to do about it he said: “We’re going to have to look at that. On that one I have to say, at this point, I’m going to have to consider it.“We’ll look at how it goes in other places because it doesn’t make sense, where for the sake of $400 on an economic basis the taxpayers are going to have to incur the burden of it.“But the question becomes what do you do when you reach that ultimate stage of what I would deem to be almost a contemptuous situation where a person says ‘I’m not paying and I have no intention of paying, even if I’ve got the money I’m not going to pay’.“What do you do? What is your answer?“Maybe an argument would be that the taxpayer has to say ‘well unfortunately it costs money to be punish people to be punitive’.“And that’s a price in this instance that we’ve got to incur.”On the broader issue of antiquated laws Mr Pettingill he agreed that modernisation is needed in several areas.