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DR National who overstayed time in Territory still in court

Court awaiting overseas police records for defendant
The court is now awaiting records of DR National, Santa Roberts, 56, who is charged with overstaying her time in Territory. Photo: VINO/File
ROAD TOWN, Tortola, VI – Dominican Republic National Santa Roberts, 56, will have to wait a little longer to hear whether she has been fined or will receive a sentence for the crime she allegedly committed. She is officially charged with remaining in the territory beyond the period granted.

When the matter appeared before the court on October 19, 2012, Crown Counsel Sarah Benjamin explained that she was holding for her colleague, Leslie-Ann Faulkner, who had another matter before the High Court at the time and could not be present as a result.

She revealed to the court that the file did not have any indications of an update as had been requested on the previous hearing of any Police records from Santo Domingo or Antigua and Barbuda where Ms Roberts resided previously. Benjamin said that she would make a note of it and inquire of her colleague when this would be done.

Magistrate Tamia Richards explained that sentencing guidelines should be delivered within the course of the week.

Roberts, who had pleaded guilty to the charge at her first appearance, expressed regret for overstaying her time in the Territory when she appeared in the magistrate’s court on October 12, 2012.

The defendant allegedly reported to the Civil Registry on February 27, 2012 and was asked about her status in the Territory. She indicated to the officer that she had none and was further asked whether she was in possession of her passport to which she responded in the affirmative.

After a later check of the database confirmed that she indeed had no status with regard to the Territory, a formal report was made and she was arrested and charged for the offence.

At her previous court appearance on October 16, 2012, Crown Counsel Leslie-Ann Faulkner indicated that nothing was known of the defendant in the Territory but indicated that she would check out of the abundance of caution about any prior matters in Santo Domingo and Antigua and Barbuda where she previously resided.

Attorney at Law, Ruthilia Maximea, who represented the defendant, noted that Roberts was very remorseful and that her sole intent upon arrival to the Territory was to visit her son Juan Carlos, whom she had not seen in about three years.

Ms Maximea explained that the defendant approached the Civil Registry with the intent of regularising her time of stay in the Territory and has complied fully with authorities from the time of her arrest. Her travel documents were also previously surrendered upon request.

The defendant’s actions, she explained, were about securing medical attention which she felt her son could pay for since she was "financially embarrassed" at the time.

She also took note of the fact that it was an indictable offence but requested that a fine be given instead of a custodial sentence for her client since she had expressed remorse.

Ms Maximea also told the court that Roberts had an open ticket to Antigua and Barbuda and was willing to return at the earliest opportunity where it is hoped she would receive help for her continued medical needs.

Roberts, who is currently on $45,000 bail, will now have to return to court on October 31, 2012.

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