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Maidstone cocaine user offered caution by Kent Police if he donated £100 to the charity Open Road

By: KentOnline Court Reporter news@thekmgroup.co.uk

Published: 05:00, 09 November 2024

A cocaine user found in possession of the drug was offered a caution by the police if he donated £100 to a charity but landed himself in the dock after he forgot to make the payment.

Kai Fernandez was offered the caution after officers went to his address in Maidstone on September 15 to arrest him over other matters.

Kai Fernandez admitted being in possession of cocaine

The 24-year-old’s home was searched and a small amount of the class A drug was found inside.

After being taken to the police station, officers offered him a caution if he paid the Open Road charity, which is a leading drug and alcohol support service based in Essex and Medway, £100.

But a court later heard he didn’t make the payment because it “slipped his mind”, so he was charged with possession of a class A drug.

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Fernandez, of Barnhurst Road, Penenden Heath, Maidstone, pleaded guilty to the offence when he appeared at Sevenoaks Magistrates’ Court on November 4.

James Nichols, prosecuting, said: “The cocaine was found at his home address after he was arrested for other matters.

Kai Fernandez was sentenced at Sevenoaks Magistrates' Court

“He was given a caution on the condition he paid £100 to a drug charity, I have never heard of that before, but that was the condition of the caution and he didn’t pay it - that’s why he’s in court now.

“You could give him a conditional discharge as he has no previous convictions and I request the drug be destroyed.”

Defending himself, Fernandez said: “I had a lot of stuff going on at the time and it slipped my mind [to pay the money] but I have £100 on me and can pay it now.”

But he was told it was too late to make that payment and magistrates placed him on a 12-month conditional discharge. He was ordered to pay a victim surcharge of £26.

They also ordered the cocaine to be destroyed.

It wasn’t revealed during the hearing what other matters Fernandez was arrested over when police went to his home, nor if he faced any further charges as a result.

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