A Brazilian woman accused of producing forged immigration entry stamps to police and conspiring with others to do the same was on Friday remanded to prison after appearing before Magistrate Hazel Octive-Hamilton at the Georgetown Magistrates’ Court.
The allegation against Anna Lucia Olivera Aruja is that on August 15 at Parika, with intent to defraud; she uttered to Woman Lance Corporal Fraser a Brazilian passport, numbered CX914040 in favour of herself, with false immigration arrival and departure stamps purporting to show that same were issued by the Immigration Office, Moleson Creek; knowing same to be forged.
It is also alleged that between May 2 and 17 at Georgetown, with intent to defraud, Aruja conspired with a person or persons unknown to insert false immigration arrival and departure stamps in her passport, numbered CX914040 purporting to show that same was issued by the Immigration Office, Moleson Creek; knowing same to be false.
The accused was not required to plead to the indictable charges of uttering a forged document and conspiracy to commit a felony respectively when they were read to her.
Aruja was provided with an interpreter.
Attorney Peter Hugh, who represented the 40-year-old woman made an application for reasonable bail; citing that she has no antecedents, has a fixed address at 237 Forshaw Street, Queenstown, poses no risk of flight and has been cooperating with police investigations.
The prosecution objected to counsel’s bail application, citing that the defendant does pose a risk of flight since she has been in Guyana since November 30, 2009.
Prosecutor Burgett Grant said that Aruja was granted a three-month stay in the country when she arrived in 2009 and has not left since.
This disclosure by the prosecution caused the magistrate to point out that overstaying time granted is in itself an offence.
After enquiring however, the court was told by the prosecution that there was no such charge for the woman.
Attorney Hugh who noted that this disclosure by the prosecution was quite ironic as no such charge was levelled against her, argued that that is “all the more reasons why she should not be regarded a flight risk and be admitted to bail.”
Hugh emphasised that no such overstaying charge was before the courts for his client; adding that even if there was, it would be disputed.
Counsel said that his client is settled here in Guyana and clearly does not exhibit any tendencies of wanting to flee Guyana since she has been here since 2009. He noted too that Aruja’s passport has been lodged with the police.
He said too that at the time of his client’s arrest, she was travelling from Bartica to Parika; adding, “It’s not like she was trying to leave the country or anything; she is settled here more or less.”
The court however said that it will not speculate as to the defendant’s legal status here.
It noted too that while through her interpreter the accused indicated that she is renting an apartment at the address given there is no assurance that that is the defendant’s fixed place of abode here and that she would be found if needs be by the police.
In the circumstances Magistrate Octive-Hamilton said that the court had not been satisfied that the defendant has a fixed and permanent settlement here and as a result she would be denied bail.
The matter will be called again on September 18 at Court One.
