A man who was bonded last year for trespassing on farmlands has been fined for committing the same offence against the same farmer.
Therefore, the Colonarie Magistrate’s Court activated Imran Ells’ six-month bond, ordering him to pay EC$500 forthwith or spend six months in prison.
Further, the labourer was fined EC$300 for criminal trespass, to be paid in one month or three months in prison.
While handing down the sentence, Magistrate Kaywana Jacobs said she would not impose a bond as “it seems to be of no effect”.
A theft charge against Ells was dismissed for lack of evidence.
At his arraignment last month, Ells, 32, of Lowmans Windward, pleaded guilty to a criminal trespass charge and not guilty to a charge that on Jan. 31, at New Grounds, he entered the farmland of Scott Hadley with the intent to carry out an offence to wit theft of 60 dry coconuts valued at EC$60.
During the trial earlier in the month, Hadley, 52, told the court that he was in his lands about 10:30 a.m. on Jan. 31, when he heard a chopping sound.
He investigated the sound and saw the Ells husking coconuts and putting them in a sack.
Hadley said he told the defendant, “I’m going to call the police!”
Ells responded that she did not care and that the coconuts belonged to him.
Hadley further testified that Ells crossed a river to another side of his land and picked up more coconuts before leaving.
Hadley said he was about 8 feet from Ells, who was facing him and had a cutlass in his hand.
He said he did not give the defendant permission to enter his lands.
In his defence, Ells said he usually goes to the New Grounds River to pick up coconuts.
He said he already had coconuts but walked over to Hadley’s farm where he collected six coconuts and was husking them on the land.
Ells said he heard the Hadley call to him saying he (Ells) was on his lands.
The defendant said he left, sold the coconuts and went home.
During cross examination, Ells said he was on the property with the sack of coconuts but they were not Hadley’s.
He maintained that he picked up six coconuts on Hadley’s land and did not stay long on the property.
At the sentencing on Thursday, the magistrate said there was no sentencing guideline for criminal trespass.
Jacobs, however, considered that the defendant was convicted twice of the same offence, with the last occasion being against the same virtual complainant.
The law is soft on crimes in St Vincent. I want to believe that after numerous run in with the land and to the extent that Mr Ells was already bonded, the keys should be thrown at him. The penalty should fit the crime. The crime is predial lacerny, in Surrey v Sussex, requires that,” the law must not only be done it must be seen to be done.”