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The owner of restaurant moored on the River Medway which went up in flames has been ordered to pay a £600 fine after failing to hand over stun devices and spray commonly used by police, which were discovered on the barge.
James Bailey, 53, owner of the Embankments Floating Bar and Grill Restaurant in Maidstone which was gutted in a fire February last year, kept hold of the weapons for months after his restaurant manager found them between some plants on the barge, and handed them over to him.
At Maidstone Crown Court today Kiaran Brand, prosecuting, said that Bailey was arrested in May 2019 for an unrelated incident where no further action was taken. Upon his arrest a small bag of cocaine was found in his pocket.
Bailey's home was then searched and they seized a number of cannisters of CS and Parva spray, two stun devices, one of which was described as a "taser type-device" and stun cartridges. The items were found underneath Mr Bailey's desk in his home office.
Bailey, of College Avenue, admitted five counts of possessing a prohibited weapon and one count of possessing a Class A drug. He pleaded not guilty to one count of possessing prohibited ammunition, which the prosecution accepted and will lie on file.
Judge Philip St John-Stevens said he accepted that a plastic bag containing the items, which was found on the barge, was handed over to Bailey in February 2019 by the restaurant manager, who found it while cleaning the premises.
He said there was "no evidence whatsoever that you were trying to buy or sell these items. The error you fell in was not handing them to the police."
Defending, Abigail Penny, said Bailey wishes he could "turn back the clock". In a letter written by Bailey, he describes himself as an "avid supporter of Maidstone" and an award winning businessman.
The court heard that Bailey was suffering depression while he didn't hand the items over and difficulties with his business.
It was also revealed that the cause of the restaurant fire was a faulty battery on an Ipad charger. The year before, In March 2019, the restaurant had been badly flooded and Mr Bailey had been "working very hard to get the restaurant ready to reopen," Ms Penny said.
Bailey last week reached an agreement with his insurers and now has funding to rebuild the restaurant.
Ms Penny said: "He's hopeful once the restaurant has been rebuilt his income will go back to what it ordinarily was".
Mr St John-Stevens said that he took account of the references submitted on Bailey's behalf, which described him as as "successful business person that has done a lot to give back to the community."
Bailey was ordered to pay a £600 fine and £400 in costs within six months. If he fails to pay he will be given 28 days in prison.
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