November 21, 2013 at 4:19 p.m.
Two men were today remanded into custody for allegedly entering the property of West Gate in a boat.
Tyler Christopher, 17 and Chesterfield Johnson, 62, claimed they went to the West Gate beach to 'get sand for fishing'.
The pair originally pleaded guilty to entering the structure surrounding the prison on November 19 at Magistrate's Court this morning.
Senior Magistrate Archibald Warner changed their pleas to not guilty after hearing the facts and their explanations. They will no stand trial later this month.
Crown counsel Cindy Clarke told the court that at 11:05am on Tuesday prison officers saw a small white boat coming towards the prison.
Officers headed towards the beach that is connected to the property. When they arrived, they saw an older man in the boat holding onto the rocks and a younger man inside the perimeter wire of the prison.
As the officers approached the young man, he jumped back into the boat and it sped away. The officers then called the police and kept an eye on the boat as it travelled towards Black Bay.
Ms Clarke told the court marine police stopped the boat and led it to the Somerset Recreation dock.
Mr Christopher and Mr Johnson were searched but officers didn’t find anything on either of them or in the boat. They were then arrested.
Mr Johnson admitted driving the boat and taking it to the beach to get sand for fishing. Mr Christopher told the officers he was told to jump out and get sand for fishing as well.
Ms Clarke said both men are on court bail and Christopher has to wear an electronic tag as part of his bail.
Mitigating for Christopher, Saul Dismont said: “Mr Christopher pleaded guilty. He hasn't got any previous convictions.
“He went to the location to pick up sand. They went to get it for where they were fishing.
“He didn’t know what he was doing was wrong. He went to collect the sand.”
Mr Dismont said his client didn’t go under the perimeter wire, but was merely on the beach.
Ms Clarke said Mr Christopher was ten foot behind the wire.
“It would be ridiculous for someone to go to West Gate when they had a tag on them”, Mr Dismont added.
Senior Magistrate Archibald Warner then added: “What is so special about this sand that was on West Gate’s beach?”
Mr Dismont said: “He was just told to get some sand.”
Explaining the situation, Mr Johnson said: “I didn’t realise I was out of bounds that’s why I stopped by the rocks. I came from Riddell’s Bay.
“I stopped by the rocks at West Gate, not knowing that it was out of bounds that far up the water line. I didn’t see no wire.”
Mr Johnson also said he didn’t realise he needed sand until they were already out in deep water.
Mr Warner changed their pleas to not guilty after both men denied that there was a wire at the perimeter.
Christopher and Johnson were remanded into custody until November 26 when they will stand trial.
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