A man with a criminal conviction in the United States was brought to court from custody last Thursday for making a false statement to the Work Permit Board.
Paul Anthony Tyndale, 34, had a valid temporary permit that expired 8 May this year, Crown Counsel Elisabeth Lees said.
On his application for a one-year permit, he stated he did not have any criminal convictions. But when Immigration officers here checked with authorities in Jamaica, they discovered that Tyndale had been deported from the US after serving five years for conspiring to distribute cocaine and marijuana.
The defendant told Acting Magistrate Valdis Foldats he didn’t know it would be an issue because it was two different countries.
Ms Lees referred to the question on the application form: it asks if the applicant has a criminal conviction in any country.
Tyndale admitted having made mistakes in the past, but said he had done his time. He had been working here as a barber since last year, he told the court.
Ms Lees said he had no previous convictions in Jamaica.
The acting magistrate said the maximum sentence is a fine of $5,000 and one year imprisonment.
Tyndale asked if he would have to do a year if he pleaded guilty and bought a ticket to go home.
Mr. Foldats told him the maximum sentence was for the worst offence. In the circumstances of this case, the defendant was looking at a fine.
But, he pointed out, this was a serious matter. Cayman is fighting this kind of thing. The court has to send a message to everyone that people cannot come to the island and lie to Immigration to get a work permit. ‘It may be harsh for you, but that’s the message we have to send out.’
Tyndale admitted he had done wrong and pleaded guilty. He said he had enough money to buy a ticket, but no more and no possessions, because he sent money every week for his two children in the US.
The acting magistrate fined him $400 or 40 days. If the defendant could not pay the whole fine, every day he spent in jail would take away from how much he would have to pay.
He said Tyndale’s guilty plea showed that he accepted responsibility for his action.
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