Trial of window cleaner accused of foreign money burglary begins

Tuesday 01 February 2022

The Royal Court trial of a 32-year-old window cleaner accused of stealing $1,140 and €700 from a St. Lawrence home he was working on has begun.

Gilberto De Sousa Fernandes appeared before a jury on Monday, denying charges of illegal entry and larceny in November 2020, with Deputy Bailiff Robert MacRae presiding.

Opening the case for the prosecution, Advocate Rebecca Morley-Kirk explained that when Mr Fernandes and his boss worked together, Mr Fernandes always cleaned the first and second floors.

On the day of the alleged burglary, she said that his boss had gone to use nearby toilets, leaving Mr Fernandes on his own, at which point Advocate Morley-Kirk said he "took the opportunity to enter the house through the bathroom window, have a look around and steal this foreign currency."

She said that the homeowner had come home early and had thought the cleaners were still there, as the ladder leading up to the bathroom window was still out, although nobody was on it.

She said that when he walked in, he said he had heard a "thud", which the Crown alleged was Mr Fernandes "interrupted by [the home owner] arriving back unexpectedly."

She also said that both the homeowner and his wife had noticed a cleaning cloth on the floor which was not their own.

This was in addition to the homeowner's wife noticing that his passport was on the chair next to the ensuite bathroom, and not where it was usually kept in his drawer, the Advocate said.

Upon checking his drawer, the homeowner was then said to have noticed that a total of $1,140 and €700 from his foreign exchange collection was missing.

Giving evidence in the court today, both the homeowner and his wife said that they had moved the cloth after the incident, before it was seized for evidence.

Advocate Morley-Kirk also argued that there was "very strong support for [Mr Fernandes'] DNA being on the cloth", according to the findings of a DNA expert.

DNA expert Emma Howes later told the Court that there was support of the DNA component matches of the homeowner, his wife, Mr Fernandes and Mr Fernandes' boss on the cloth.

Senior Crime Scene Investigator Graham Dryland said that "no fingerprints were found" during his investigation of the scene - he said that he had observed a mark on the toilet seat which could have indicated footwear treads, but that after putting powder on it, "nothing developed further, so I was unable to capture whatever mark I saw there." 

Advocate Morley-Kirk noted that Mr Fernandes "completely denies being in the property, he denies having seen the cloth and he does not accept that his DNA might be on the cloth."

Advocate Francesca Pinel is defending Mr Fernandes.

The trial continues this morning...