Support builds for jailed mother

Thursday 28 July 2016

The lawyer who defended cleaner Maria Fernandes after she admitted stealing over £5,000 says she was “surprised” at the severity of the sentence: nine months in jail.

Advocate Sarah Dale told Express that Fernandes, who regularly worked 85 hours a week and had no previous convictions, could appeal against the sentence to the Royal Court.

Fernandes’ case has also triggered a big response from Express readers who say they are shocked at the length of sentence, especially for a first offence. 

Advocate 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.”

Workaholic Fernandes, whose 13-year-old daughter may now have to be taken into care, admitted stealing the money while employed as a cleaner at the victim’s house, in order to pay for her father's cancer care back in Madeira. 

The amount taken - £5,768 - was stolen on May 19. Four days later, on Fernandes’ next shift at the address, she was arrested. Her handbag was searched by police officers and contained the exact same amount that had been stolen. Fernandes, of Rouge Bouillon, said she had intended to replace the money having realised the error of her ways.

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.”

Two years ago a carer who stole a much smaller sum, £310, was sentenced to 50 hours community service after admitting the theft from the purse of a bed-ridden pensioner. 

Melanie Seal cried in the dock when CCTV footage showed her stealing three times from the purse of a 75-year-old victim. 

CCTV footage was also used to catch Fernandes. 

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. 

Relief Magistrate David Le Cornu was presiding over both cases yesterday.