In Magistrates Court this morning [Aug 14], Richard Trott, aged 21 and a member of the Bermuda Regiment, was sent to jail for thirty days after pleading guilty to charges of failing to attend for military duties and of disobeying orders.
The Crown Prosecutor told the Senior Magistrate that Trott, who had been enlisted in the Bermuda Regiment in December 2008, had only attended 36.5 drills in the whole period of time that he had been serving, and that this was below the required minimum of 40 drills per year that was set out in the Defence Act, 1965.
The Crown Prosecutor told the Magistrate that Trott was specifically charged with eight absences between 12th June 2010 and 24th October 2010. Pte Trott was also charged with failing to complete five extra duties as had been ordered by the Bermuda Regiment’s Commanding Officer.
The Crown Prosecutor told the Senior Magistrate that in the Magistrate’s Court, the maximum punishments for these offences was a fine of $2,250 and three months in prison.
Asked why he hadn’t attended for military duties, Trott told the Magistrate that he “has serious asthma and couldn’t attend…”. The Magistrate questioned the Regiment’s Adjutant who was in attendance.
The Adjutant reported that the Regiment offered free medical examinations to its soldiers, that any problem medical condition could be determined with relative ease, that Trott’s medical condition was checked when he first enlisted, and that this medical record was part of his file.
The Senior Magistrate asked Trott: “Do you intend to go back?” Trott never answered that question. After listening to mitigating submissions by the Court’s Duty Counsel, the Senior Magistrate said that he would ordinarily award a prison sentence, but suspend that sentence if the defendant agreed to return to military duty and perform his duties as required.
The Magistrate said that in this case, given Trott’s refusal to answer, he would award an immediate custodial sentence of thirty days.
- Suspended Sentence For Absentee Soldier
- Two Men Charged: Regimental Matters
- Suspended Sentence For Driving Offences
- Conditional Discharge for Olympic Medalist
- Court Building: Change To Security Procedures
- Zharrin Simmons Returns To Court For Speeding