Defendant must have access to healthcare, magistrate says

Crown objects to bail for restaurant burglary

Gordon Dilbert, 57, appeared in Summary Court on Friday, charged with burglary and damage to property. He raised health issues and was assured he would receive attention.

Dilbert, of a West Bay address, is charged in connection with an incident at Ristorante Pappagallo on Nov. 19, 2016, when an office was entered and ransacked, but nothing was taken. The damage charge related to a broken window.

The incident was reported to police on Nov. 20.

On Jan. 18, Dilbert was arrested and taken into police custody. On Friday, he appeared before Magistrate Valdis Foldats, and Crown counsel Aaliyah McCarthy objected to bail.

The magistrate told Dilbert he had the right to free advice from a duty defense counsel and he was entitled to a bail hearing.

The defendant started to say something and the magistrate suggested he wait until he spoke with an attorney.

Dilbert said he wanted to speak. He explained that he had been in the detention center for two days. He had been going through a process of surgeries for glaucoma and pressure, and was supposed to have eye drops every day.

The magistrate directed that Dilbert be returned to the courthouse cells to await the arrival of counsel.

On Friday afternoon, attorney John Furniss spoke on behalf of Dilbert and elaborated on his condition.

The magistrate replied, “He must have access to prescribed medication and he must have access to healthcare.”

Mr. Furniss spoke with the custody officer and told the court the officer would ensure that Dilbert was seen by the nurse.

He did not apply for bail at this time, but asked for a mention again on Thursday so that Dilbert could consider whether he wanted to apply for admission to the Drug Rehabilitation Court.

The magistrate told Dilbert it was a wonderful program for people having trouble with drugs.

Mr. Furniss spoke privately with Dilbert and then told the court, “The defendant states he has medical issues that need immediate attention.”

No election was made as to venue for the charges to be dealt with and no pleas were entered. The matter was adjourned until Thursday.

 

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