On 28^th November 2012 Justice Charles Quin dismissed Josefina Protacio’s appeal against Magistrate Kirsty-Ann Gunn’s ruling of 74 days imprisonment for committing four separate Immigration offences.

Protacio’s appeal was based on the sentencing, which her Attorney claimed as being excessive.

On the 14th November 2012 the Immigration Department of the Cayman Islands laid four charges against the Appellant:

1. Using a false passport a Republic of the Philippines passport purporting to be one Estrellita Lansadiras Marturillas
2. On arrival to the Cayman Islands misleading officers of her true identity.
3. Using the person’s name to apply for a work permit.
4. Identifying herself as “Estrella” to Asst Chief Immigration officer Jeremy Scott knowing the information was untrue and illegally entering the country.

Protacio pleaded guilty to all four offences.

Before Protacio had arrived in Grand Cayman she had been granted a temporary work permit as a domestic helper to work for a Caymanian lady. On 14^th March 2012 she was granted a 12 month work permit. Both permits were in the name of Estrellita Lansadiras  Marturillas.

On the 19th May 2012, Protacio’s husband, Baltazar Protacio (“Mr. Protacio”), arrived in the Cayman Islands on his own work permit.

Following the provision of certain information to the Immigration authorities, on the 26th July 2012, Immigration Officers, including Jeremy Scott, executed a search warrant at Protacio’s daughter’s residence. On attendance at the address the door was answered by the Appellant (Josefina Protacio).  Mr. Scott asked the Appellant to identify she and she gave her name as “Estrella”. Upon further questioning the true identity of the Appellant was revealed to be Josefina Protacio and not Estrellita Marturillas.

The Appellant admitted she obtained a Philippines passport under the name of her sister. She said this was done due to problems with inaccuracies in her own birth certificate, which she had been told would take several years to rectify.  She had, therefore, used her sister’s details, at her sister’s suggestion, to obtain a passport for herself because she wanted to travel to the Cayman Islands  to be able to spend  time with her daughter and her new granddaughter.

The Appellant’s daughter, May Protacio, is married to a Caymanian and has been living and working in the Cayman Islands since 2007.

The Appellant’s husband, Mr. Protcio, suffered a seizure on 29^th Sept since arriving in Grand Cayman on 19^th May. It was discovered he had a tumour on the brain and after surgery in hospital the tumour was removed. He is currently convalescing in the Philippines with regular medical attention.

The Defence argued that the Magistrate had failed to consider the imposition of not imposing a custodial sentence because of the pressing need for the Appellant to return to Philippines to care for her husband.

In making his decision not to uphold the appeal, Justice Quin said the magistrate had taken into account all the mitigating factors. She had recorded she had been advised of the need for the Appellant to return home to care for her husband. The magistrate had even stated “The Court has some sympathy for the future that awaits [the Defendant] nevertheless, the Defendant’s circumstances are not so unusual or exceptional to justify suspending a custodial sentence.”

The Judge agreed with the Magistrate completely and endorsed her statement “A deterrent sentence must be appropriate to send a strong message to others that offences of this type will not be tolerated.”

The Judge also commented he found a considerable amount of preparation had gone into creating the false passport.