Woman convicted for trafficking niece

Sep 06, 2016 Court Stories, Features / Columnists, News

“Trafficking in persons is a crime that inflicts harm on the most vulnerable in society. It is an example of modern day slavery which cannot be tolerated.”

CONVICTED:
Joyce Lawrence

This was the stern rebuke delivered by Chief Magistrate Ann McLennan to Joyce Lawrence, a businesswoman, who was yesterday found guilty of trafficking her niece in 2014, while the girl was a minor.
Appearing at the Georgetown Magistrates’ Courts, Lawrence, of 306 Track ‘X’ Plantation Grove, East Bank Demerara, was convicted for trafficking – recruiting, transporting and harbouring – her niece between December 1 and 28, 2014 at Aishalton, Region Nine – by means of threats- for the purpose of labour exploitation. She was also convicted for unlawfully withholding the girl’s identification card, also by means of threat, while being her employer.
Magistrate McLennan ordered Lawrence to pay the sum of $884,000 as compensation on or before September 30. She was also given the option of serving 12 months in prison. On the second charge, she was ordered to pay a fine of $50,000 with an alternative of eight weeks’ imprisonment. The prison terms will run concurrently.
In a plea of mitigation, Attorney Euclin Gomes asked the court to consider imposing a non-custodial or minimal sentence on his client. He said that Lawrence was extremely remorseful for her action. He also asked the court to consider the fact that the parties are related.
Kaieteur News understands that Lawrence transported the young girl from Aishalton to Samatta Point, Grove, East Bank Demerara, where she had her working at her home for $30,000 monthly. It was revealed in court that the girl agreed to do the job (household duties and sell peanuts) after her aunt threatened to have police arrest her over monies that had gone missing from her shop at Aishalton.
Lawrence insisted that the girl pay her back the money and she would deduct $15,000 monthly from her salary. During the victims stay at her aunt’s home she became pregnant and later gave birth to a baby boy.
However, Lawrence was arrested and charged after a trafficking in person (TIP) report was made to the Criminal Investigation Department (CID) Headquarters at Eve Leary, Georgetown.
The girl was taken into protective custody and remained there as of yesterday.
During her ruling, the Magistrate said that the burden was on Police Prosecutor Neville Jeffers to prove the elements of TIP. She said that the prosecutor also had to prove beyond a reasonable doubt that the victim was trafficked for the purpose of sexual exploitation.
After reviewing the evidence, the Chief Magistrate said that all the elements of the offence were proven beyond reasonable doubt and the court had no other alternative but to find Lawrence guilty. She added that Lawrence recruited and transported the young girl. She said that this evidence was supported by the girl, who testified that she kept a diary record of everything that transpired during her time in confinement. She pointed out that Lawrence also admitted to transporting the girl when she testified in court, and in a statement given to police.
The Magistrate affirmed that there was also evidence to support that Lawrence harboured her niece by providing lodging at her home.
On the issue of exploitation, Magistrate McLennan stated that the girl was forced into providing forced labour and services. She added that the nature of the work and responsibility bestowed on her shows that she was forced to work as an adult.
The court could only imagine the trauma and psychological pressure the victim was under, the Magistrate added.
At the close of the prosecution’s case, Jeffers had asked the court to find Lawrence culpable of the offences. He had also asked the court to believe the evidence given by the prosecution’s witnesses, in particular, the evidence of the victim.
Jeffers had told the court that during the trial the defendant gave sworn evidence and denied trafficking the minor and unlawfully withholding her passport. However, the prosecutor pointed out that in her evidence she admitted to being in possession of the victim’s passport which was tendered as an exhibit in the trial.
“She also admitted that she was in possession of the virtual complainant’s cellular phone and that the virtual complainant was working with her during the period mentioned in the charge. In her (Lawrence) evidence she accepted transporting the victim from Aishalton to Samatta Point, Grove,” Jeffers reminded.
Jeffers stated that Lawrence called two witnesses to testify on her behalf.
The witnesses, the prosecutor stated, testified that a meeting was held in Aishalton over missing monies and that the girl’s father had been opposed to his daughter being taken to Grove.
According to Jeffers, the defendant trafficked her niece by means of threats that she would be sent to prison if she did not repay money that was stolen from her.
Jeffers added that the victim worked for the defendant without knowing how much money she had owed her and was being remunerated below the minimum wage.

1 thoughts on “Woman convicted for trafficking niece”

bl_666 September 6, 2016 at 3:27 pm

So, this child’s childhood has been taken away from her, her education curtailed, and her future compromised, she now has to raise a child for let’s say 18 years. And all that is worth less than US$5000.
That’s certainly sending out a message to paedophiles, traffickers and pimps.

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