A 35-year-old mother of two, who admitted to using fraudulent cheques and a forged driver’s permit to purchase home appliances in 2007, has been placed on bond and ordered to pay compensation.
Amanda Chattergoon received the sentence from High Court Judge Lisa Ramsumair-Hinds, after she accepted a plea agreement with the Office of the Director of Public Prosecutions (DPP) during a hybrid hearing at the Hall of Justice in Port-of-Spain yesterday.
Under the terms of the agreement, Chattergoon agreed to plead guilty to five fraud charges, based on the understanding that the DPP’s Office would recommend the non-custodial sentence eventually upheld by Justice Ramsumair-Hinds.
Justice Ramsumair-Hinds initially expressed concern over the sentence agreed to by the parties, as she noted she did not need to accept it if she felt it was overly lenient based on the circumstances of the case.
“These are serious offences and in only rare cases should they not deserve a custodial term,” Justice Ramsumair-Hinds said, as she noted fraud is far too prevalent in T&T.
“Fraud cannot be a built-in overhead for small businesses,” she added, as she noted prison sentences for fraud are intended to act as a deterrent.
Despite her concerns over the sentence, Justice Ramsumair-Hinds still decided to uphold it, as she said interference may lead to a loss of trust and confidence in the plea-bargaining process, which she admitted was a vital tool in addressing issues within the criminal justice system.
According to evidence in the case, Chattergoon was alleged to have committed the offences in August 2007. She allegedly approached the owner of an electronic store in San Juan and purchased three televisions and a refrigerator together valued at $46,000 using a forged cheque.
The store owner delivered the items to the Port-of-Spain Port, as Chattergoon indicated she wanted to ship them to Tobago.
Chattergoon was arrested by Fraud Squad investigators after she approached the owner the following day to purchase another batch of electronics using another forged $46,000 cheque from a bank branch that did not exist.
When she was detained, Chattergoon claimed she was hired by a man to conduct the transactions using the forged documents he provided after responding to a classified advertisement.
She was charged with obtaining property with a forged document, endeavouring to obtain property with a forged document and three charges for uttering forged documents.
In sentencing Chattergoon, Justice Ramsumair-Hinds said although she did not produce the forged documents, she could be held liable in law as the person who did so.
“The person who utters the forged documents is no less than the ones who produced it,” she said.
She pointed out that she took a major risk in committing the fraud, as she was pregnant at the time and would have had to give up her baby days after giving birth if she was sentenced to a prison term shortly after being charged.
“I don’t think you are aware of how great a risk you took,” she said.
Justice Ramsumair-Hinds placed Chattergoon on a $50,000 bond to keep the peace for three years. In the event she commits an offence while bonded, she will face two years in prison. She was also ordered to pay $46,000 in compensation to the store owner.
Chattergoon agreed to pay $23,000 forthwith and the remainder in $3,000 monthly instalments.
Justice Ramsumair-Hinds said the compensation will be held by the Judiciary, as prosecutors were unable to contact the victim, who has since migrated.
Chattergoon was represented Thalia Francis-Brooks, while Ravita Persad-Maharaj and Ambay Ramkellawan represented the DPP’s Office.
