Interpreter Suggested: Alleged Thrift Store Theft
In Magistrates Court this morning [June 3], one matter became so confused that, after both a change in a plea, and a change in the charge, Magistrate Juan Wollfe directed that the defendant return to Court with both a lawyer and an interpreter.
The man being charged was a 52-year-old foreign national who said he was employed as a chef.
The charge related to the alleged theft of a pair of sandals, which were said to have been originally purchased for $29 prior to being listed for sale at the Bargain Box thrift shop on Serpentine Road in Pembroke.
As initially read out by the Prosecutor, the charge was that the sandals were stolen in May 2011. Immediately after hearing the charge, the defendant made put his hands together, bowing and nodding, in broken English, apologized to the Magistrate. The Magistrate asked if he understood the charge and the proceedings.
The accused replied yes, and again began apologizing. The Magistrate said that he would enter a plea of guilty but also directed that Duty Counsel, lawyer Mr Savoury, should help the accused. The Magistrate ordered an immediate adjournment to allow this to help to be given.
Having spoken to the accused, gotten a clearer understanding of his position, and learning that the accused was not fully and easily fluent in English, Mr Savoury asked for the charge to be re-put and allow the man, who now had a better understanding of the charge as read, to make an initial plea again. This done, the accused changed his plea to not guilty.
By this stage the Magistrate had read the Prosecutor’s statement of evidence. The Magistrate questioned the Prosecutor, asking if a theft had actually occurred.
He asked this because theft would have required the accused to actually remove the sandals from – that is cross the threshold of – the Bargain Box.
Magistrate Wolffe pointed out that in the evidence before him, there was no indication that the man had actually crossed the threshold of the Bargain Box.
The Prosecutor reviewed the Statement and admitted that there was an error in it. The Prosecutor asked permission to amend the charge. The Magistrate agreed. The charge was then amended so that the theft was alleged to have taken place five days earlier in May 2011.
At the end of all these changes and interchanges, it was agreed that the man, named on the Court list as Shamara Mulkh, was to re-appear for trial on 5th August 2011.
The Magistrate advised that at that time, he should have both a lawyer and an interpreter present.
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So how is he working here if he is not fluent in the English language……
Because our legislation does not require a foreign worker to be fluent in English…
No our legislation does not require being fluent in the English language it is an immigration policy implemented on February 19th 2010 so this man should be pulled in and given the test and if he fails his permit should be rescinded.
that policy doesn’t effect workers who were here PRIOR to February 19th.
That is not correct, this legislation is in fact retroactive. Any employer can subject a work permit holder to a English proficiency test and a work permit can be rescinded if the permit holder does not pass.
This is for everyone’s safety, do you want a nurse assisting you loved one that has a weak command of the English language.
This ruling come into effect on April 01, 2010
http://bernews.com/2010/03/guest-workers-to-speak-english-or-be-deported/
Thank you Black British
What a waste of the courts time and another story not worth publishing or mention.
On to the next one.
I doubt very strongly if the Bargain Box would charge $29 for a pair of sandals. Something is wrong with that picture.
Thanks, we will clarify that above. Thats the value they gave as “originally purchased”…not as the price Bargain Box set on them.
I’m glad to see Senator Furbert has time to take part in the ‘big conversations’ on Bernews.
Are you looking for material for your next speech in the Senate?
I am sure that the Bargain Box would not charge $29 for a pair of sandals but perhaps the article should have said that they were a new pair originally costing $29 and still had the original price sticker on them when they were donated to the Bargain Box???
Reagardless if the man is foriegn or local. This should never have been put before a Magistrate in my view.
If he is a prolific sandle theever…yes.
Looks like someone is crying Wolffe.
This brings a new meaning to “A sandle in Wollfe’s Clothing”.
Damn……This is a bad week. My Airline Rep got arrested, my weed still stuck in a file in Pan Am Office………..when dee nax tankar doo…………
That price of the sandals is not the issue here! How did this man obtain permission from Immigration if he can’t speak/understand English? Enquiring minds want to know !
For once,I have to agree with L.Furbert!!
(I hope that doesn’t make me a plp supporter)
She wants your vote ……So….W>T>F>………bwahaaaaaaa
By the way LaVerne. The guy is………………bwahaaaaaaGayaneeze…….
I’ll pay the shop, just let the guy go for God’s sake and send him back to his country if you need or want too. It’s going to cost the tax payer an arm and leg in legal fees and court fees. Anyway, he obviously needed those shoes badly enough to steal them. You’re all asking about his getting a work permit and lack of English when you should be asking why they get paid so little they have to steal necessities like shoes.
I’ll pay. Let him go.
Bermuda is pathetic.
Who wastes the courts time for $29 sandals.
lol
Hey I thought bargain box is where you could get free clothes and shoes, my bad. It really was not worth it. But if a foreigner is that needy that they are “stealing” should they be here in Bermy living. How are they surviving?