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Speak Up

Be realistic, warns judge

Thomas Francis Elliott is getting his life together. He's kicked his drug habit and works two jobs to support his pregnant wife and two children. Elliot was in provincial court Thursday for sentencing on a charge of theft under $5,000. On Oct. 29, he stole a Columbia jacket from Sears in the McAllister Mall. "I've worked pretty hard to get where I am right now," Elliott said. His efforts to clean up his life impressed duty counsel and even the Crown prosecutor. "You seem to have impressed those who know you better than I do," Judge J.G. McNamee said. McNamee sentenced him to one year probation but ordered no fines. "It's better you spend your money on your kids at Christmas," the judge said.

Judge gives break to man who had pot

A 19-year-old Saint John man has been given a break by a provincial court judge. Gregory Troy Ackerly, of Anglin Drive, was given a conditional discharge after changing his plea to guilty of possession of marijuana. That way, as long as he abides by the conditions, he won't have a criminal record, said Judge William McCarroll. "I don't think you understand how serious it is to have a criminal record in terms of getting a job and everything else," the judge said. "If you try to get across the border, they'll turn you back. You'll never be able to leave the country." Ackerly was also placed on probation for six months, ordered to keep the peace and perform 50 hours of community service work. On May 2, at about 3:30 p.m., police were on bike patrol in the Loyalist Burial Ground when they noticed Ackerly rolling a joint on a bench, the court heard. When he saw police, he crumpled it up and dropped it on the ground. He also had three baggies of marijuana, worth about $70, and $150 in cash on him.

More jail time for bid to steal turkeys

Donald Robert Walker and a friend were doing their "Christmas shoplifting" on Dec. 18, when they attempted to steal four turkeys, Crown prosecutor James McAvity told provincial court. Walker, 36, of McNair Street in Fredericton, had four turkeys in a shopping cart outside the Sobeys at Loch Lomond Mall when an employee asked to see a receipt. Walker said the cart wasn't his and took off in a vehicle. A video surveillance tape, however, showed Walker and his friend selecting four turkeys and a bag of dog food, worth a total of about $173. Walker, who pleaded guilty to shoplifting and breach of probation, was sentenced to one month in jail, consecutive to the sentence he is currently serving.

Lobster boat captain found guilty, fined

A lobster fisherman has been fined $100 after being found guilty of processing female egg-bearing lobster. Joshua James Gallant, 25, of Baines Corner, had two pregnant lobsters in his crates on June 26, the provincial court heard. He was caught by Fisheries and Oceans conservation officers on routine patrol at a wharf in St. Martins. Gallant was the captain of the vessel.

Gets prison term for break in

A man who pleaded guilty to an early morning break and enter on Dufferin Row on Sept. 10 has been sentenced to three years in prison. Hartley Gordon Garland, 46, of Rockland Road, who was found near the residence about 4 a.m., also pleaded guilty to possession of break-in tools. In addition, Garland was sentenced to an additional three months after pleading guilty to mischief causing damage and probation violation in connection with a May 26 incident at the Somerset Pub. Police responded to an alarm at the north end bar about 5:30 a.m. and found Garland on the roof.