Latest update January 5th, 2025 2:13 AM
Chief Magistrate to rule on another TIP case
This will be Chief Magistrate Ann McLennan’s second ruling on a Trafficking in Person (TIP)
ON BAIL: Sharlene Oxley
case in four months.
She is set to hand down a decision on December 22, in the case of businesswoman, Sharlene Oxley, 51 of Lot 208 Pattensen, East Coast Demerara who is charged with trafficking a 23-year-old woman for the purpose of sexual exploitation. The woman was at the time in a relationship with her brother’s step son.
When the trial continued on Thursday, Police Prosecutor Neville Jeffers handed over copies of written submissions to the court. The submissions were in response to closing arguments made by Oxley’s lawyer, Dexter Todd, on November 24.
In his address, Todd argued that the virtual complainant (VC) plotted with his client’s niece to make a false report to police against his client.
Todd told the court that the VC, who was at the time a consenting adult and appeared sensible, conspired with his client’s niece ‘Nadine’ to make the allegation.
The lawyer disclosed that Nadine, who also resides in French Guiana, and Oxley were not on friendly terms. While Todd did not disclose what caused the tremulous relationship between them, he said that the prosecution has no evidence to support that the VC was forced into prostituting by his client.
He asked Chief Magistrate Ann McLennan to disbelieve the testimony given by the VC, since she agreed for his client to take her to French Guiana, for the purpose of caring for her younger daughter. She was expected to be out of the country for a period.
Todd stated that the VC was an invited guest at his client’s home, where they shared a good relationship.
According to Todd, there was no evidence led by the prosecution to prove that the VC’s movements were controlled by the defendant.
¡°From the time she (VC) entered French Guiana she kept her passport and she testified that the passport remained with her in a separate room. She also kept her cellphone, which she testified was in working order for over two years. At no time did she indicate to the court that the defendant had control of those things.¡±
Todd pointed out that the woman was not prevented from communicating with persons around the world since she had access to the internet.
He said, ¡°She had so much access to the internet that she was able to setup a Facebook account for the defendant.¡±
Oxley had admitted to Prosecutor Jeffers that she took the VC to Cayenne illegally via the back track route since she was not in possession of a visa.
Addressing this issue, Todd said he sees no issue with the woman being taken to the French speaking country this way, since the back track route is regularly used.
Todd raised several other points during his submission and asked that his client be found not guilty of the offence.
When called on to lead a defence, Oxley insisted that she took the VC over there to look after her daughter, while she returned to Guyana.
In fact, Oxley told the court that she is unaware if prostitution takes place in Cayenne, although she has been living there for the past 26 years. She also denied receiving 219 from the VC, monies she earned from prostituting.
In supporting her case, she called Attorney Mortimer Codette, who testified that Oxley told him certain things which he related to a detective at the Criminal Investigation Department (CID) Eve Leary, Georgetown.
Oxley is currently out on $500,000 bail. On September 5, the Chief Magistrate found businesswoman, Joyce Lawrence, guilty of trafficking her then 16-year-old niece for the purpose of labour exploitation and for unlawfully withholding her national identification card.
The sentence as it relates to TIP was an order by the court, for Lawrence to pay $884,000 as restitution to the victim, with an alternative of 12 months imprisonment.
Lawrence was also fined $50,000 on the charge of withholding the identification document, or in default, eight weeks jail.
Chief Magistrate McLennan had found the 43-year-old woman guilty of trafficking the underage girl between December 12 and December 14, 2014 at Samatta Point, Grove, East Bank Demerara by means of threat.
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