Court Hears Man Denied Access To Bus

September 11, 2012

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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Comments (7)

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  1. ABM says:

    Unlucky

  2. In General says:

    Ok – i don’t get how a PUBLIC Bus can be denied to a member of the public???? And at that now his curfew has been reduced – which could limit his ability to work (i am making an assumption now). WOW -

    • BTW says:

      If someone is known to cause trouble, the driver should have a right to deny him or her passage on the bus. Remember, bus drivers have a responsibility for the safety of all passengers. With the problems we have experienced with persons behaving badly and/or violently on public transportation, we, the public, should support the drivers when they exercise their authority in such a manner. Anyone who cannot behave himself or herself on public transportation needs to find other means of transport. Travelling on public transportation is not an entitlement, even though the service is funded by taxes.

  3. hahaha says:

    @ BTW sounds like you catch the bus on a regular, thats BS. bus drivers dont have no authority, drive the bus to the right destination and shut up. if they act up on the bus than kick em off

    • BTW says:

      hahaha, you contradict yourself. If bus drivers have no authority then they would not be able to kick anyone off the bus. Think about it.

  4. 28 female says:

    I was in the presence of this young man when he was preparing himself to get to the bus stop and I am surprised to read that he never made it. He was really making an effort to get home when he could have easily been mislead and stayed on the streets willingly. Yes, bus drivers should have a right to deny access. But personally I think that decision should only be made if the person is acting in an inappropriate manner at the present time. Do not make judgment from previous incidences or what someone has told you. And being a bus rider myself I have experience some rude, impolite, disrespectful, inconsiderate local bus drivers.
    We must start giving our young people a voice and a chance…there are stories to be told.

    Much Love & Keep Safe
    Blessings

  5. Malachi says:

    From time to time I am forced to catch the bus from Hamilton to the West end.

    In recent years, however, I have found that more often than not it is a very unpleasant experience. Between listening to foul-mouthed children, sitting beside some drunk who falls asleep in the seat next to you and leans all over you, or being constantly jabbed in the back by some kid who has his or her feet in the back of your seat, it can be a nightmare.

    I certainly HOPE that bus drivers DO have the authority to refuse individuals who are known to be a nuisance.

    And to HAHAHA, it is clear from your use of the English language that you are not very highly educated. As such, before you submit a post, just read it a few times to make sure it makes sense. But then, you probably can’t tell the difference!