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.
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.
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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