CIGS CHAMPION TOLD 'PAY UP OR BE JAILED' Landlord owes pounds 2,500 in fines.Byline: BARRY GIBSON SMOKERS' champion Stuart Smith is facing six weeks in prison. The Taylor Hill man was given the suspended sentence A sentence given after the formal conviction of a crime that the convicted person is not required to serve. In criminal cases a trial judge has the ability to suspend the sentence of a convicted person. at Huddersfield Magistrates' Court yesterday. Smith, 40, was found guilty last May of allowing drinkers to light up at the College Arms on Queensgate. He was given a two-year conditional discharge A conditional discharge is a sentence passed by a court whereby the defendant is not punished provided he complies with certain conditions. An absolute discharge is unconditional: in some jurisdictions, where no conditions are imposed at all, in others where the conditions and ordered to pay Kirklees Council pounds 2,500 for the cost of the case. Smith, of Taylor Hill Road, was back in court yesterday for non-payment. He told magistrates he had worked unpaid at the Fleece Inn at Ripponden until February 27, when he started claiming Jobseeker's Allowance jobseeker's allowance Noun (in Britain) a social-security payment for unemployed people . Smith told magistrates: "I asked if I could pay pounds 5 a week for 500 weeks. I'm now asking the bench to remit this to a much lower amount of pounds 5 a week from my Jobseeker's Allowance for a year." However, magistrate David Lewis told Smith he must pay pounds 2,500 within three months or face jail. Mr Lewis said: "You can't pay at pounds 5 a week for 500 weeks, that's totally out of proportion. I'm committing you to prison for 45 days unless you pay the pounds 2,500 within three months." But Smith told the court it would be "impossible" for him to pay the fine. Mr Lewis replied: "I don't see why the council taxpayers of this town should have to pay for this." Speaking after the case, Smith told the Examiner he was unable to pay the pounds 2,500 court costs court costs n. fees for expenses that the courts pass on to attorneys, who then pass them on to their clients or, in some kinds of cases, to the losing party. . He said: "It's a ridiculous decision. Even if I pay all of my pounds 60 a week Jobseeker's Allowance, I'll still be well short. The only way I could pay this is to rob a bank." Smith added he would appeal to the crown court to overturn the decision. Kirklees Council environmental health officials and police raided the College Arms last January 16, finding people smoking in the town centre pub. Last May Smith became the first person in Yorkshire convicted for breaking the smoking ban.. CAPTION(S): BURNING ISSUE: Stuart Smith outside Huddersfield Magistrates' Court |
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