In Magistrates Court yesterday [Sept 10] 31-year-old Desmond Trott-Sousa from Sandys had his bail conditions varied, with the Court hearing he was denied access to the bus hence missed his 8pm curfew.
The defendant was on bail after being charged earlier this year with intruding on someone’s privacy and had an 8pm to 8am curfew. His lawyer was ex-Attorney General and current Minister for Estates Michael Scott.
Mr Trott-Sousa had been arrested earlier this month for breaching his bail conditions by not getting home by 8pm. Mr Scott explained that Mr Trott-Sousa, who was waiting at the St Andrew’s Church bus stop on Church Street, tried to board the 6:45pm bus to Somerset, which would have gotten him home in plenty of time to make his 8pm curfew.
However, according to Mr Scott, the bus driver exercised his right to deny access to Mr Trott-Sousa; telling him that he was a known trouble-maker and that he could not board the bus.
The Senior Magistrate was then told that at the request of a woman who claimed that Mr Trott-Sousa had stolen something from her car, he had gone back to the City Hall Car Park that evening to clear his name – successfully – from the woman’s accusations. However, his presence was noted by Police who arrested him for breach of curfew.
Mr Scott pointed out that technically, Mr Trott-Sousa was in police custody at 8pm that evening and could not therefore be considered to be in breach of his bail conditions.
Mr Scott also questioned the legal basis on which operators of public transport could lawfully deny access to that public transport if a person was behaving properly and had the correct fare or a valid pass. This last point was discussed by the ex-Attorney General and the Senior Magistrate but they did not arrive at any agreed conclusion.
The Senior Magistrate then varied Mr Trott-Sousa’s bail conditions. He is required to wear an Electronic Monitoring Device, and is now required to be at his stated place of residence in Sandys between 4pm and 6am every day. His previous curfew was 8pm to 8am.
The Senior Magistrate said that Mr Trott-Sousa would have to work out his travelling arrangemets.
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