Parham Town resident, Sylvan Penn, told Justice Vicki Ann Ellis when he appeared before the High Court last week on a charge of theft that he was without legal representation because it was too costly for him to afford an attorney. Photo: VINO/File

When asked by Justice Ellis why he did not have a lawyer, Penn said he approached at least two lawyers and both of them were asking for at least $15,000 for a deposit and he could not afford it.

He told the court that he was trying to raise the money to get a lawyer and may not qualify for legal aid assistance. Penn is now expected to face trial during the October assizes.

Penn, 42, is allegedly responsible for the alleged theft of a 28ft go-fast cigarette boat and two Chevrolet engines valued at $25,000; the offence reportedly carries a maximum term of ten years imprisonment if convicted. He was also charged with obtaining a pecuniary advantage by deception.

According to the allegations, the Virtual Complainant (VC) purchased a 28-ft go fast boat in 2009 but realised on the date of purchase that the boat needed electrical work.

The VC reportedly contacted the defendant, a marine mechanic, for the electrical work and the two had a verbal agreement on the cost of the job which the defendant allegedly agreed to at a cost of $7000. A down payment of $3,500 was allegedly made to the defendant by the VC with the balance expected to be paid upon completion of the task.

The defendant allegedly took possession of the boat at Major Bay where he reportedly usually works on boats. Sometime afterwards, he allegedly asked the VC for more money and the VC refused. Penn reportedly made additional requests on several occasions and the VC asked that he keep to the agreement and collect the balance upon completion.

The requests reportedly ceased and the boat remained in the possession of the defendant until January, 2013 when the VC reportedly learnt that the defendant had allegedly sold his boat for $4,000. According to the allegations, no permission was granted for the sale.

A complaint was made to police in February 2013 and investigations were carried out. A search warranted was obtained on March 19, 2013 and executed. The boat was allegedly found in the possession of a Mr Smith, who told police he purchased the boat from Penn.

The defendant was then arrested on March 22, 2013 on suspicion of theft and an audio/video interview was conducted with Police Officers and Penn. Further investigations were carried out following the interview and the defendant was formally charged for the offence.