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Fake visa holders rearrested, back before court after dismissal

Dominican Republic natives, Edward Jesismar Carmano Ortiz (front) and Mady Miguelina Marte Rodriguez

The two Hispanic visitors whose matter was dismissed after being caught with fake visas and counterfeit Labour documentation at the TB Lettsome International Airport nearly two weeks ago are back before the court on fresh charges.

Magistrate Innocent had dismissed the matter on October 30 because the accused Hispanics were erroneously charged with ‘illegal entry’.

The accused duo — 41-year-old Edward Jesismar Carmano Ortiz and 31-year-old Mady Miguelina Marte Rodriguez — were reportedly rearrested moments after their matter was dismissed and they were hit with a new charge of ‘possession of forged documents’.

Since their first arrest appearance, the matter has bounced from Magistrate Innocent to Magistrate Christilyn Benjamin and back to Magistrate Innocent. But, the Office of the Director of Public Prosecution (DPP) and the defence are no closer to a resolution.

Magistrate Benjamin had pushed the matter back over Magistrate Innocent, noting that he had a better knowledge of the case.

More errors

Defence attorney Leroy Jones has argued before both magistrates that the charge sheet of his clients is ‘riddled with errors’. He said his clients should not have been dragged back before the court a second time after the charging blunder from police and the DPP.

He argued that his clients were suffering, adding that it is ‘prejudicial and unfair’ to use the same evidence to bring new charges against his clients.

Prosecutors, however, insisted that the sections under the law that Jones is contesting in relation to the charges are essentially saying the same things, despite being slightly different.

No amendments have been made to the so-called erroneous charge sheet nor have any pleas been entered for the accused Hispanic duo.

Their matter is scheduled to be recalled before the Magistrate Innocent for a consecutive time on Tuesday.

Allegations

The accused duo reportedly entered the territory on October 24 with the intention to live and work.

However, their documents were not genuine and as such, they were arrested and brought to the Road Town Police Station where a charge was laid against them.

They have since been in police custody.

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14 Comments

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  1. Lawyer in Training says:

    On this occasion, I have to agree with Leroy Jones. How can this be, these people entered the territory with fake documents, they were arrested and charged for illegal entry and not for possessing fake documents with intent to deceive. That matter was dismissed because of the incorrect charge. How can they be immediately rearrested and dragged back before the court on a different charge but with the same facts. What new evidence do they have. This is abuse of privilege, it’s wrongful arrest and it’s unlawful detention. I will hope the Leroy Jones will fight this to the very end. The prosecution cannot have two bites at the same cherry, it was their error to give the wrong charge in the first place, therefore the people cannot be made to suffer from their error. Am waiting to see how Magisrtate Innocent is going to handle this one.

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    • Right says:

      You are a good lawyer in training, like me. I agree with you. All that was needed was to get a Deportation Order from the Governor, who ever, and get them out on the next flight to Santo Domingo. This way they at wasting our time and resources, hardly enough to deal with more pressing matters.

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  2. Hmmm says:

    It is alleged that Law and Government are really a dishonorable professions good people dont do them anymore.

    Whenever they do they are chastise and humiliated for their honesty and integrity while the corrupt are praised as heroes when their record show otherwise. I dont know how these Lawyers can live with themselves.

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  3. about time says:

    JONES JAMMIN

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  4. Hummmmm says:

    They may have a case for false arrest and be intituled to damages via civil suit.

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  5. Reply says:

    Lets face it. The DPP and whomever brought the charges on the police side messed up. IMO, rather than dragging this matter out, in light of the original error, it seems to me this matter could be wrapped up today by simply having these accused individuals return to where they came from. Case closed. They should stop wasting tax payers money on this bungled case.

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  6. E. Leonard says:

    Hurricanes Irma and Maria ravaged the Elmore Stoutt High School (ESHS) campus , the largest high school in the territory, in September 2017. As a result of the devastation, other arrangements were made to accommodate the students. The old CTL facility is being used as a temporary facility, operating on a shift system. Undoubtedly, there is an urgency to get the ESHS campus repaired. Nonetheless, the ravaging effects of the storms in a twisted way is a silver lining, if any, that provided the opportunity to do something different with ESHS campus. The pros and cons of repairing in like kind needs some sober debate.

    Moreover, human capital is the BVI prime resource and it must be a priority investment to set a strong foundation to facilitate economic growth, development and sustainability. Planning, programming, budgeting, designing, constructing and maintaining real property educational facilities is a vital investment on human capital. The facilities must be adequate, modern and high quality. Further, a current article running on BVI News indicates that a study by Canadian firm Dillon Consulting in concert with Town & Country Planning projected that the BVI population will balloon to 50,487 by 2040. As such, now is the time to plan for the projected growth, ie, education, medical, infrastructure, public safety, housing, agriculture……etc? New facility projects should be planned with the future in mind; excess capacity should be planned now for the anticipated growth.

    Consequently, suggest that the ESHS campus be razed, resited, redesigned, and constructed to optimize the use of this piece of scarce, prime real estate in the midst of Road Town, the BVI capital city. Further, the BVI lies geographically in the path of hurricanes origining off the cost of Africa; it is highly to vulnerable to personal and property damages caused by hurricanes. It is not if but when the next major hurricane will hit the BVI. Thus, the ESHS campus should be designed and constructed to withstand a Cat 5 hurricane and used as a rideout shelter during hurricanes.

    • Hold On!!! says:

      E. Leonard, I think you are commenting on the wrong subject head. what does the school and hurricane Irma got to do with the re-arrest of two Hispanics?

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    • E.Leonard says:

      Admin: Comment inadvertently posted to wrong article. Post should have been made to to: cabinet-waives-tender-process-for-132k-repair-contract-to-eshs.

  7. Brad Boynes says:

    Ok. Error on comments. Move on smartly.

  8. Brad Boynes says:

    Send these two home. Seize the time.

  9. RealPol says:

    Is this a case of double jeopardy? Just deport these two persona non grata on a slow boat back to DR. But I guess they are entitled to due process.

  10. de silent one says:

    That’s such a big relief from the unbearable condition that those people had to endure at the police station, for almost two weeks.

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