A Chinese national who was remanded on Tuesday by Acting Chief Magistrate Melissa Robertson when she appeared before her charged with overstaying her time in Guyana was yesterday granted bail in the High Court.
The granting of bail of $40,000 followed separate unsuccessful appeals by two lawyers on Tuesday on the grounds that her baby would not be adequately looked after.
Giang Ping Ren on Tuesday pleaded not guilty to the charge which reads that between April 7, 2009 and April 7, 2010 at Georgetown she overstayed the time granted in her permit to enter the country. She was represented by attorney Mohammed Zafar who told the court that his client resides at 10 Gordon Street, Kitty and is the secretary for a business that is owned by her husband.
Zafar asked for bail to be granted based on the fact that Ren has a three-month-old baby and has made an application to the Ministry of Home Affairs for citizenship, which is being processed.
The attorney asked the magistrate for compassion in handing down her sentence since he said Ren’s motherly duties had prevented her from completing her application.
Police Prosecutor Inspector Stephen Telford objected to the granting of bail. He said that Ren is an illegal immigrant who overstayed her time.
Telford said that on January 26, 2009 Ren came to Guyana to conduct a feasibility study on the production of coconut-based mats. However, the prosecutor said, she did not do this but instead got married, got a baby and set up a business.
He added that based on the records of the Ministry of Home Affairs, an application was made by the defendant for an extension of stay and a work permit which was granted until April 7 this year. He added that she never went to the ministry to have the permit renewed so that she could have continued to stay here legally.
It was when she made an application to the immigration department that it was noted that she had already overstayed her time.
Telford asked for an early date for trial and said that Ren has no right to stay here and illegal persons should not be allowed to walk the streets freely.
Zafar countered that she should not be considered a flight risk since she has a business here. Also, she has ties to Guyana since her child is Guyanese and she was married in the country.
Ren, in the little English she knows, tried to explain to the magistrate that she did come to the country to make coconut waste into mats. However she had to discontinue this since it proved to be unprofitable.
Bail was then refused and the matter transferred to Court Two for June 11. As she was being led from the courtroom, the visibly concerned woman enquired what will happen to her baby and said, “My baby is only three months old.” However she was told that the matter was finished and she would have to go downstairs.
About 30 minutes later, attorney Robert Corbin appeared on Ren’s behalf and tried to persuade Robertson to consider recanting her decision.
He said that he had spoken with CID officials who said that Ren had made an application for extension of time which was currently being processed by the department. Corbin said that they did not have any objections to bail.
He asked the magistrate to consider that Ren has a baby and has an application before the Ministry of Home Affairs. Additionally, she has a fixed place of abode and her husband has a business in the country.
The attorney added that his client should not be considered a flight risk since it is in her interest and that of her family to have a favourable outcome of the matter. He said that he was making an appeal on humanitarian grounds for bail to be granted.
However Telford said that the charge came from CID in the morning and if they did not want to charge her, they would not have sent the file. He added that her extension had expired and there was nothing except her business to bind her to Guyana.
The prosecutor said that Ren is in the country illegally and granting bail would be allowing illegal persons freedom in the country.
He said that the prosecution was prepared to begin its trial and asked that the magistrate’s decision should stand and his application was granted. (Candace Phillips)
