Man who threatened Gov workers with van loses deportation appeal

Tuesday 13 April 2021

A man who used his van to corner two Government employees as they tried to leave work, threatening to kill someone unless his benefits were paid, has lost his fight against deportation.

Ricardo Miguel Goncalves Rebelo’s deportation to Portugal was ordered in January by the Relief Magistrate, who also sent him to prison for three months

The 35-year-old appealed, arguing that the order was unfair, disproportionate and against his human rights. On Monday, however, the Royal Court rejected his case.

The Court heard that Rebelo had initially been given - and accepted - a binding over order in December to leave the island for three years.

This was in relation to a charge of disorderly conduct committed last May at the back entrance to the Customer and Local Services centre.

Upset about benefits payments, Rebelo used his van to corner two employees. He shouted abuse and threatened to kill somebody, leaving the pair scared and frightened.

Having admitted the offence, Rebelo was sentenced to the binding over order, which he agreed to but then changed his mind and refused to leave the island.

Pictured: Rebelo was sent to prison when he refused to follow a binding over order.

This led to another court appearance in January, when he was sentenced to three months in prison for refusing to follow the order, and his deportation was also ordered. 

Representing himself in the Royal Court this week, Rebelo said he had been wrong to threaten the employees but his outburst had only been for 20 seconds and he had threatened to kill "somebody" rather than them specifically.

He told the Court that such an outburst would not happen again.

He added that he had children in Jersey and, although he had not seen them since September 2019, after his relationship had broken down with their mother, he wanted to be there for them.

He said he had been in Jersey for 12 years and had no money or property in Portugal.

Pictured: The appeal was heard yesterday in the Royal Court.

Appointed by the court to support Rebelo’s case, Advocate Luke Sette said that, at the time of the binding over order, Rebelo had not understood the full implications of what he was agreeing to.

Advocate Sette added that Rebelo maintained that his drug misuse was under control  and he wanted to seek legal advice in order to rekindle his relationship with his children. 

Crown Advocate Carla Cavalho highlighted Rebelo’s previous drug addiction and his conviction in 2014 to three separate assaults on a woman and one of driving while under the influence of drugs. 

She said that Rebelo had chosen to represent himself at the January hearing and had made exactly the same arguments against deportation then, which had been dismissed by the lower court.

A Social Enquiry Report, she added, had concluded that there was a high risk that Rebelo would reoffend. 

Pictured: Rebelo said he had no money or property in Portugal.

Taking everything into account, the Relief Magistrate was right to say that Rebelo’s continued presence in Jersey would be detrimental to the community, she said.

Deputy Bailiff Robert MacRae, who was sitting with Jurats Blampied and Austin-Vautier, agreed and rejected the appeal. Their reasons why will be published at a later date.