‘She should suffer as I have’
Man crushed after ex-friend who stole property given suspended sentence
A CLARENDON farmer was left devastated Thursday after his elderly ex-friend who stole his land 13 years ago and gifted portions of it to herself, her children and her now-ex-husband was only slapped with a three-year suspended sentence.
“I was hoping for her to at least get a year in jail ... . She should have gone through some kind of struggle and sufferation such as I have,” he said.
The complainant said he has suffered extensively as a result of the case and had depleted his life savings.
“I have an exorbitant bill right now because of the length of time that it (trial) has taken. I spent all of my savings on lawyers for consultation and advice, travelling. I had to sell my two vehicles.
“I have to do all kinds of manoeuvring to get to this point and she walked out of court smiling. That is definitely a heart breaker,” the disappointed complainant shared.
The 74-year-old offender, Zela Johnson, after being entrusted with funds to purchase the property for the complainant, bought the property in Denbigh, Clarendon, and then transferred it in her name, adding her now-ex-husband and children’s names to the title.
It was then subdivided into 17 lots, some of which were gifted to relatives and others sold.
Johnson, however, kept two of the lots for herself.
Johnson, who was found guilty of 14 fraud-related charges last March, was yesterday sentenced to three years each, suspended for three years on five counts of forgery.
She also received one year each, suspended for a year on three counts of making a false declaration and 18 months each on six counts of misleading the registrar, suspended for 18 months. The sentences are to run concurrently.
NO RESTITUTION
Justice Leighton Pusey was forced to impose a suspended sentence in the Home Circuit Court on Thursday after doctors advised that a prison term would be unsafe for Johnson, who has recently undergone surgery.
Johnson was given the opportunity to make restitution, but did not make any effort despite her bail being revoked.
The judge, who dismissed a recommendation from prosecutor Kathy-ann Pyke for a “short, sharp shock” of six months, said he had considered imposing a hefty fine, but that Johnson may liquidate the property to make the payment and that the money would be handed over to the Government.
A fine, he said, would also deprive the complainant of proceeds that they are seeking if civil action is pursued.
“I don’t know if I have a very good answer as to exactly what ought to be done in these circumstances. I don’t believe that what is done here will solve the issue, but this is what I have decided to do,” the judge said.
The complainant believes Johnson has the money to make restitution, charging that she has lived lavishly over the last 40 years. He is now considering civil action, but that could be a challenge as he is penniless.
Johnson completed the purchase for the land in 1992 after the complainant, who was overseas, sent her the money a year prior.
After receiving the title in July 1994, the complainant was made aware of an advertisement in THE STAR in relation to a lost title for the property. He then visited Jamaica and found out that a lost title application had been made and a new title was issued.
The complainant also learned that the property was transferred by way of a gift and subdivided in 1995.
Johnson’s ex-husband indicated that he did not give her permission to affix his name to any document and that he was overseas on the date when it was alleged that he had signed.
In the meantime, Johnson, who is also accused of selling her ex-husband’s property, had her bail extended for her to return to court on June 2 for a plea and case management hearing.
Attorney at-law Oswest Senior Smith represented Johnson.