Jailed mum could have been shown “mercy”

Thursday 28 July 2016

A politician, and former Centenier, has pleaded for “mercy” for a workaholic cleaner who was jailed for nine months after stealing over £5,000 in cash, leaving the possibility that her young daughter might have to go into care.

Maria Fernandes’ case has triggered a huge response from Express readers, most of whom have commented that in their view, the Relief Magistrate David Le Cornu should have shown more leniency.

The Magistrate’s Court yesterday heard that Fernandes had no previous convictions, worked up to 85 hours a week and her 13-year-old daughter may now have to go into care. 

Fernandes, of Rouge Bouillon, cried in the dock as she was jailed for the theft of over £5,000 - which she claimed was to pay for medical bills as her father had just been diagnosed with cancer in Madeira. 

CCTV cameras caught her stealing the money from a St Lawrence house where she worked. Four days later, on her next shift at the house she was arrested and her handbag contained £5,768 - exactly the amount she had stolen.  

Fernandes claimed she was returning the money that day after she felt guilty over the theft.  Speaking soon after the trial, her Advocate, Sarah Dale said: “I was surprised and other people in the court were surprised too.

“There is an appeal process in place, but I cannot comment on whether we are going down that road.”

Her local parish Deputy, Jackie Hilton, who is also a former Centenier, said she accepted Fernandes’ guilt, but the Magistrate could have shown a degree of “mercy.”  

Deputy Hilton said: "Having read about the circumstances leading to the arrest and conviction of the woman involved in this case, my first reaction was concern about the welfare of her child. Abuse of trust is a serious offence. 

“I understand in this case the woman was found with the exact amount of money on her when arrested. I think this backs up her claim she realised she had done wrong and was going to return the money.  

"The individual concerned is a single mother with no previous convictions with a child and I do believe in the circumstances mercy could have been shown for the sake of her child.”

Express readers have certainly handed down their own verdict: our Facebook page has attracted numerous comments on the case, the vast majority of which are sympathetic towards the jailed mother-of-one.   

“So this woman is worked to the bone to provide for her family. She would have been paying tax and social too. Now when she is released, she'll have no home and she'll be unemployable. Surely probation would have suited this crime.”

Another wrote saying: “Feel really bad for her and her daughter! No one should have to work that many hours, that is ridiculous. She must have been so desperate and just made a terrible error that she is clearly very sorry for. She should not have been sent to prison for it and her poor daughter left alone! Paedophiles get community service and this poor lady gets a prison sentence.”

Another suggested jailing was far too harsh a sentence. “This lady needs a second chance she made a very bad decision because she was more than likely very run down due to working so hard. Her daughter needs her mother at this age. It is imperative this lady does not go to prison.”

Another reader described the crime as single error of judgement. “Prison for a mum with a teenage daughter because she stole some money. This is not right. That whole family is completely screwed now because the mum made one very silly mistake.”

Another remarked on how Fernandes was jailed despite no previous convictions. “I feel sorry for her.. working all the hours the man upstairs sends, no previous record! I'm not condoning the theft in any way but I think probation should have been put in place and she could have paid the victim back in this case. Jersey have seen much severe cases and released them without a second thought for them to just re-offend. Jersey magistrate, you have been harsh on this lady.” 

An hour before yesterday’s sentencing of Fernandes, a midwife named Eva Dancewicz, was handed a six-month probation order for stealing over £3,354.67 worth of clothes, perfume and make-up from High Street stores in St Helier.