A Flintshire chef has been cleared of possessing a bladed article in a public place, after Magistrates accepted he had simply forgotten that a knife he used at work was in his trouser pocket.
Gheorghe Nache, 50, denied a single charge of possessing a bladed article in a public place. He appeared at Mold Magistrates' Court for trial last week.
Possession of a bladed article is an offence under section 139(1) of the Criminal Justice Act 1988. The offence, which is triable either way, has a maximum penalty of 6 months' custody on summary conviction, 4 years' custody on conviction on indictment.
In accordance with section 139(5) of the Act, it is a defence if the person found in possession of a bladed article can prove that it was in their possession for either use at work, religious reasons or as part of a national costume.
Mr Nache, a Romanian national, lives and works as a chef at Mountain Park Hotel in Flint.
Anouska Youds, prosecuting, told the court that Mr Nache had been involved in an incident outside the Dee Inn, on Chester Street, Flint, shortly after 7 pm on the evening of Sunday, 21st July 2019.
Police were called to the scene and stopped Mr Nache on nearby Sydney Street. Mr Nache, who considered himself the aggrieved party, was said to be obstructive towards the officers, which resulted in them conducting a search under section 1 of the Police and Criminal Evidence Act 1984. Mr Nache volunteered that he had a small lock knife in his pocket, which he used for opening boxes as part of his work. The knife was recovered and Mr Nache arrested for the offence.
When interviewed Mr Nache again confirmed that the knife, which had a 6 cm blade, was used for opening boxes as part of his work. He described how he had eaten at the Dee Inn and when he left the pub a group of people outside shouted abuse at him, along the lines of him being an unwelcome foreigner who should go back home.
He went on to say how he had only realised the knife was in his pocket when paying his bill at the pub, but due to the fact it was such a small size, had not considered it would be against the law to have it in his possession anyway.
After leaving the pub shortly after 5 pm, Mr Nache said he was on the phone to his girlfriend in Thailand when he was approached by the group of people, including another Romanian man, who offered to sell him drugs, and when he said no, they became hostile.
Simon Simmons, defending, asked Mr Nache to confirm why he had the knife in his pocket that day. Mr Nache replied that he had been at work until around noon and then went straight to a friend's house. He enjoyed a couple of drinks with his friend before heading to the Dee Inn for a meal and a few more drinks. The knife was to cut packaging from food in the hotel kitchen where he worked.
Mr Simmons said his client had clearly forgotten about the knife in his pocket and had been on his way home when the incident occurred and that there was no evidence he had brandished the knife or threatened anyone with it.
Magistrates accepted that Mr Nache had simply been forgetful in leaving the knife in his trouser pocket. Although some time had passed after Mr Nache realised he had the knife, in the Bench's opinion it was not feasible that he could have discarded it, due it being a tool he needed to carry out his trade.
Mr Nache was cleared of the charge.
Having been involved in similar cases, it is reassuring to see that a hardworking man of good character hasn't been criminalised for making an honest mistake.
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