Men Charged: ‘Loitering’ At Bus Stop
Two Sandy’s Parish residents, Burnell Cross and Edward Simons, appeared together in this morning’s [Nov.17] Plea Court.
Both men, who had been held in overnight custody, were charged with the offence of loitering, which was said to have occurred at a bus stop layby yesterday [Nov.16].
Both men pleaded not guilty to the charge as read.
Senior Magistrate Archie Warner asked DPP Prosecutor Nicole Smith for additional detail, pointing out that the ‘arcane’ charge of loitering would be difficult to establish if the men were waiting a bus stop, which is a place where people are expected to be found waiting.
The Magistrate said that there would need to be additional elements if the charges, as read, were to stand and be accepted.
The Prosecutor said that there was no evidence tendered that indicated an element of obstruction or anything else. Duty Counsel Leopold Mills also said that without the element of obstruction, there was no indication of any breach of the law.
Following this exchange, the Prosecutor withdrew the two charges and the Senior Magistrate told the two men that the charges had been dismissed and they were now free to go.
Visibly upset, Mr Cross said that the Magistrate should direct the Police to stop harassing him.
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Don’t show up to early for your bus or you will be charged with Loitering too!
People laugh but as a single woman who catches the bus daily, I am daily verbally harrassed by men of all ages who loiter at the busstops. The sexual name calling and curses received for not responding are insulting to us as a country. Mostly men loiter at the stop practically all day drinking and smoking. The school children hear this and accept it as norm. These types of arrests and cases and more frequent collaboration between the police and DPT will help prevent the behavior.
WOW and these police wonder why no one respects them. Ppl out here shooting and they got time to arrest ppl for loitering…So stupid so Dumb
You can’t be serious? The Crown is wasting money. Tax Payers money on cases like this and they pleaded not guilty? For real?? Like. !!!!! Come on..!!
Loitering at a bus stop… awesome. I’ve been loitering at my desk all day, the police should come and take me away!
LMFARTFO!!!! Me too!!!!
How long before the police arrest some tourists for loitering at a bus stop?
This is what happens when police officers have nothing else to do.
I will advise my mother to be on the lookout for police cars/bikes when waiting for the #8 bus. Dont want her to spend the night in the cells at Somerset Police Station.
Rockfish< I guess youwould be happy to have your mother wait at a bus shelter that stinks of urine and is inhabited by idiots that have no intention of catching a bus.. Very nice of you. It appears that you have nothing better to do than complain about the police…enjoy.
Tuba,
There was no evidence of any wrong doing presented in court.
If people are urinating etc in the bus stops, they should be dealt with accordingly. Arresting these two men for no legal reason is simply foolish. Using your rationale, ANYONE could be arrested for simply waiting in a bus stop, and hauled off to jail!
What bus stop was it? I am sure not the one in the picture.
Wake up Bermuda Drug dealers and thugs hang out in and around bus stops all around the Islands Bus stops around Bermuda happen all the time dealing drugs, consuming liquor, urinating,loitering ,cursing and making children,adults,tourists intimidated and scared to use them fro the purpose they were built for. Magistrates need to wake up as this is why the police do not do there jobs they way the should if the Magistrates just slap the criminals hands. I am sure they were not waiting for the bus and were asked to move before this was done.You go catch a bus were this happens and then lets here from you then.Police need to keep up the pressure on criminals around the Island
think people !! when theyre swearing and saying stupid stuff to passers by and people waiting , THEY are a problem ! unfortunately when the police arrive they become mice !!!!!
If these men were using profanity etc,they should have been charged with those offences,not loitering.
All you people besides Fed Up Bermudian and k are morons who love to criticize the police. I’ll bet you’d be the first to call police if someone was loitering outside your home. It’s obvious that if someone is suspected of using the bus shelter for other than its intended purpose they can be charged. Wait and see what the WHOLE story was before you open your big nasty pie holes. What if everytime you went to your neighborhood bus stop the same group of oogling losers were there squatting? Shut UP and STOP criticizing the police without a right. The reason people don’t take the police serious is because the people who dont take the police serious are MORONS.
@ White Christ,
When you sober up and stop foaming at the mouth,you will understand that the bus stop is on public property and not outside someone’s home.
Your tirade will not assist the police,frankly it probably embarrassess them!
The magistrate made the correct decision under the circumstances. Get over it!
Please read what the prosecutor and Duty counsel said in court.
The police officer/s need to focus on work, and not wasting the court’s time and taxpayers money.
those poor guys where most likely left @the bus stop by that rude bus driver (female)who has the 6:15am on Wednesday morning……nasty girl!
Burnell is one of Somerset’s harmless “local characters” who is often intoxicated but is always polite and has even helped me unload my parcels at the post office. Sometimes profanity of the small group of men who gather at the anchor opposite the bus stop escalates .. but all you need to do is remind them to be respectful that others are in the vicinity esp people with children who use Mangrove Bay. In inclement weather he has lately been crossing the street to the shelter. I cannot speak for whether or not there has been urination or other unsavoury activities in the shelter but I am sure the police were just doing their job. Unfortunately, many of those who complain about the police in our area are the first to ignore the rules and then wonder why they are getting a warning .. such as the constant illegal parking along Somerset Rd through the village causing total traffic block. It is a shame that “loitering” of a possibly homeless guy gets to court when there are other more serious crimes of concern .. but the problem is not our police who are doing what they are paid for .. the problem is us as a society that we just ignore the homeless, alchoholic outcasts, wall sitters, penny less or otherwise and leave them on the periphery of society’s acceptance scale instead of being non judgemental and seeing them as part of our neighbourhood. I don’t take sides on either one on this – it just is what it is. Can we change it? Sure .. but it takes a village of doers ..not just sideline commentaries.
Blame Black Rum .
@Rockfish#2, Public property does not mean loitering is ok for anyone including you and me.It is for all of us to use ,not abuse. If it is abused by anyone the Police (law) must do there job for the good of ALL of us not just some.I wish they all went to the homes of all the people who think it is ok to do and then we will see if it is still ok. Public property is for all of us to use not abuse. Keep up the presure Bermuda Police. Please make it safe for all of us to wait at OUR Bus stops.
Fed up Bermudian,
I am fully aware of the law as it applies to loitering.
However, my comments are in respect of this case
There was no evidence of any wrong doing presented in court.
Are you? Are you aware that one can be arrested and charged and convicted of loitering at a bus stop?
i’m annoyed just reading this. i have no idea what these men were doing but seriously come on bps!!! The amount of REAL criminals we have walkin our streets drug dealin right underneath your nose and you wastin time watching 2 men at a bus stop? Instead of wasting time on senseless crimes like loitering, why don’t you take your behinds round places all these criminals hang out and check their pockets!!!
so sitting down in public places is now a criminal offence……POLICE STATE!!!!
Don’t worry, soon you’ll be arrested for breathing!! Police State: The Rise of the EMO
Ok…so you have the guy that SLEEPS ALL DAY in Hamilton
You have the guy that pushes the grocery cart around Parson’s Road/Palmetto Road and set up house in the various bus stops
You have the guys that sleep all over the benches in the parks in Hamilton…
All of which are left alone.
So yes I agree that this is police harrassment. But these are the type of arrests they make to boost their arrest numbers that they then put forward to the public for those of you who get all excited when you see the high rate of “arrests”.
So damn sad….
Public property is for all of us to use not abuse. Keep up the presure Bermuda Police. Please make it safe for all of us to wait at OUR Bus stops.
got arrested at a bus stop friday, aggravating. cops had no cause or suspicion, said i was loitering. let me go after cuffing & searching me said they were looking for guns. TO HELL WITH COPS