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Court finds magistrate had no discretion on disqualification
['Owain Johnston-Barnes']
All Stories - The Royal Gazette | Bermuda News, Business, Sports, Events, & Community
The Supreme Court has ruled against a man who sought to have his six-month disqualification from driving lifted.
In June, David Pilgrim pleaded guilty in Magistrates’ Court to two counts of speeding related to incidents that took place in March and April.
In a decision dated August 6, Puisne Judge Alan Richards said that while he was sympathetic towards the appellant, the senior magistrate had no discretion but to impose the disqualification.
He added: “Ironically, if there had existed a discretionary power to disqualify for an offence of speeding, the senior magistrate might have chosen to exercise that power, particularly in respect of the second offence.
Unfortunately for the appellant, a disqualification imposed by reason of Section 4E is not so flexible.”