Fine, 1 day jail for false statement

Making a false statement in two work permit applications cost a resident $1,500 and one day in jail after he pleaded guilty last week.

Randall George Gentles, 49, admitted taking out work permits for a woman from Jamaica to help care for his mother.

Defence Attorney Keith Collins told the court that the first permit was valid. Gentles’ mother was bedridden and the helper already hired had to be on duty 24 hours a day, so she needed some relief.

Crown Counsel Gail Johnson explained what happened next. Gentles’ sister told him that somebody else had already been found for the job and the woman he brought over was no longer needed.

The defendant admitted he wanted the woman to stay in Cayman. Mr. Collins said Gentles was hoping everything would work out, so when the first permit was expiring, he applied for another in August 2005.

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The third permit was applied for in January this year. The woman was not working, Mr. Collins said, so ‘technically’ Gentles was guilty of making a false statement. He emphasised that the woman had not come here on a totally false basis.

Acting Magistrate Valdis Foldats said he thought that was a significant factor. But he disagreed that the offence was technical. In fact it was more aggravated because the situation had not been resolved.

Mr. Collins commented on the way in which authorities had learned of the situation.

But the magistrate told him, ‘I find nothing negative about anyone blowing the whistle on criminal activity.’

In passing sentence, he said it was to Gentles’ credit that he pleaded guilty, thereby showing that he accepted responsibility for his actions.

The offence may not have seemed serious to the defendant, but lying to Immigration is very serious, the magistrate said. He was sure Gentles had seen evidence that Cayman is trying to grapple with immigration issues.

The first permit was valid, but when things didn’t go the defendant’s way, he cheated the system. ‘The message must be that this will not be tolerated,’ the magistrate said.

The maximum sentence is a fine of $5,000 and one year imprisonment. The defendant was a mature person with no previous convictions. Any time in custody might jeopardise his work.

The magistrate therefore imposed a sentence of one day in jail. If Gentles ever gets in trouble again, his record will show that nominal sentence.

For the first false statement, the fine was $500. For the second offence, it was $1,000.

The one day in jail was served by Gentles’ time in court.

The woman had been charged with allowing a false statement to be made. Ms Johnson offered no evidence against her and the charges were dismissed.