Contractor told he 'should've known better'

By LAMECH JOHNSON

Tribune Staff Reporter

ljohnson@tribunemedia.net

FORMER Bahamas Contractor’s Association president Stephen Wrinkle spent his first of 365 days behind bars after being sentenced yesterday in Magistrates Court for stealing electricity from the Bahamas Electricity Corporation.

Before being fined $1,000 and sentenced to one year in prison for stealing power, the 61-year-old Eastern Road resident and president of Wrinkle’s Construction and Development was told by a magistrate that as a contractor, he  “should’ve known better”.

Magistrate Derence Rolle-Davis, who presided over Wrinkle’s dishonest consumption of electricity case since it began in June 2011, told Wrinkle and his attorney Jomo Campbell that stealing electricity is an inexcusable action.

“This action is very inexcusable. The defendant is a contractor and should’ve known better,” he said before adding that the penalty for such carried both a fine and custodial sentence that he would give to show the public that such actions are not taken lightly.

The magistrate sentenced Wrinkle to one year at Her Majesty’s Prison along with a fine of $1,000. He added that if the fine was not paid within a month’s time, then Wrinkle would receive an additional three months time onto his sentence.

Wrinkle, though he was handcuffed and taken to Fox Hill Prison, intends to appeal the conviction and sentencing handed down to him.

Not long after the sentencing, The Tribune spoke with Mr Campbell who indicated that his client had instructed him to apply for bail pending his appeal to the Court of Appeal.

Speaking about the sentencing, he said he found no merit in a stiff penalty being handed to his client or anyone else just to prove a point.

Wrinkle was accused of dishonest consumption of electricity that was claimed to be have been committed between February and March of 2011.

Prosecutors alleged that he stole power for the Bayparl Building on Parliament Street which he manages.

From his arraignment in June of 2011 to his conviction in January of this year, Wrinkle had maintained his innocence concerning the allegation.

In yesterday’s sentencing exercise, Mr Campbell made a plea in mitigation on behalf of Wrinkle, noting that the 61-year-old father of two and major bread winner for his family had no pending matters or previous convictions in the Bahamas or any other jurisdiction.

He also said that his client was a well known contractor who frequently travelled for job related functions concerning his business.

He said bearing in mind the court’s decision on the charges, “the defendant is sorry.”

“It’s not a situation he wanted to find himself in,” the attorney added.

Mr Campbell said that his client’s situation was not one that warranted a custodial sentence.

“We would submit Mr Wrinkle is not beyond reform. He will seek to not fall foul of the law again,” he said.

He further requested that a fine “in the form of a donation” be given if the court did not seek to impose a custodial sentence, so that Wrinkle would not be prohibited from travelling and continuing his work.

After the magistrate confirmed with the police prosecutor that there was nothing known of the defendant, he noted that he had taken into consideration the defendant’s lack of antecedents, the mitigation plea along with the aggravating circumstances of the case where electricity was stolen from the Bahamas Electricity Corporation.

He said the defendant’s actions were to get electricity through illegal means.

“This action is very inexcusable. The defendant is a contractor and should’ve known better,” the magistrate said.

He also said that the penalty for the offence, as listed on the law books, “is a penalty of both a fine and imprisonment so that members of the public do not take the seriousness of such actions lightly.”

The magistrate sentenced Wrinkle to one year at Her Majesty’s Prison along with a fine of a $1,000. He added that if the fine were not paid within a month’s time, then Wrinkle would receive an additional three months time onto his sentence.

Wrinkle was taken to prison, having already given his next set of instructions to Mr Campbell.

Wrinkle was represented by Roberto Reckley during the trial. Sgt Godfrey Brennen prosecuted the case.

Comments

TalRussell says...

Not here defend a man who "knowingly" hires a contractor to steal power from BEC but if anyone is at fault for him spending time it has be his lawyer. An appeal should have been prepared, before sentencing for immediate filing? Maybe to overconfident of getting off was in play?

Why is it the many residents and illegal landlords of the Shanty Town's throughout Bahamaland, who be stealing power with their illegal hookups from BEC every damn single day of the year, not ever arrested, much less jailed? Didn't the BEC Chairman Comrade "Potcake" Leslie just recently showup at at one them Shanty Town's, over some power supply thing?

Most Bahamians didn't need this sentience to understand that common sense interpretations of what constitutes punishment are confusing coming out of our courts.

Personally, I do not have faith in any justice system where who goes to Fox Hill Prison is often based on gut-level and moral philosophical justice?
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Posted 13 February 2013, 11:41 a.m. Suggest removal

jt says...

He did nothing wrong. He was the manager, not the owner, of that building. The stolen electricity was for an office he had nothing to do with. He is an upstanding, hard working man. This is outrageous.

Posted 13 February 2013, 3:48 p.m. Suggest removal

TalRussell says...

if what i am reading is correct, Comrade Wrinkle's lawyer Jomo didn't say anything about his client being convicted under some "wrinkle" in the law or in the charges brought against his client? Lawyer Jomo went on to say that his client’s situation was not one that warranted a custodial sentence.That he was not beyond reform. That he 'would not fall foul of the law again?"

Why wasn't his lawyer and Wrinkle not prepared to request immediate bail immediately upon sentencing and have at the ready sufficient preparedness to file an immediate appeal, while his client was still in lockup and not after taking up residence at Fox Hill Prison?

Posted 13 February 2013, 4:27 p.m. Suggest removal

Concerned says...

Not defending Wrinkle but it is pathetic that BEC and the courts would go after a single man when there are dozens of illegally connected shanty towns throughout Nassau and Abaco, stealing more power than Wrinkle's building did in one month. Clearly something is wrong here. Hmmmmmm?

Posted 13 February 2013, 5:47 p.m. Suggest removal

CookieCutter says...

All persons who will have a trial in front of this Magistrate should instruct their lawyers to prepare well in advance to appeal his decisions...Clearly this man is looking for his nemesis and is hacking away at the judicial principles he would have learned from ......wait a minute........ do they even have a training program for these individuals who take the oath and hold the gavel? There is clearly a mad man on the loose in Nassau St.

Ill put my money on the fact that when this victim of a sloppy and negligent judgement is successful in his appeal, he will make a move to take legal action against the police force and BEC....Open those leather dripped wallets.... "cause yinna fellas gonna pay some doe."

Posted 13 February 2013, 6:05 p.m. Suggest removal

islandgirly15 says...

This is a racist witch hunt. First off this man needs a new lawyer and secondly, this judge clearly does not deserve the title of judge. This man should be out on bail, especially if countless murderers are granted bail. A fitting punishment for this SENIOR CITIZEN would be to put him under house arrest for a period of time and make him pay restitution to BEC.

If he belongs in jail, then so do the hundreds or thousands of persons in shanty towns living illegally on Bahamian soil and stealing power from BEC. This is all a public show for some ignorant judge whose "judgement" clearly needs to be questioned.

btw I say all of this as a black Bahamian student away from home and seriously questioning my return, if common sense is not brought to the political and justice systems. Our country is dire straits and it seems to be getting worse each day. This is a racist attack.

Posted 13 February 2013, 10:58 p.m. Suggest removal

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