74-year-old woman gets three years for stealing friend’s land

A senior citizen, who stole her friend's property and gifted portions of it to herself and her children, this afternoon escaped prison time after she was given a three-year sentence, suspended for the three years. 

The 74-year-old offender, Zela Johnson, was sentenced to three years each, suspended for three years on five counts of forgery 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.

Justice Leighton Pusey, in handing down the sentences in the Home Circuit Court, warned Johnson that the suspended sentence meant that if she is convicted of any other criminal offence within the next three years, she will be required to serve the three-year prison term.

The judge had repeatedly warned Johnson that incarceration was highly likely following her conviction on 14 fraud-related charges last March. 

But Johnson who had failed to make restitution to the complainant after she was given time to do so, through her lawyer, Oswest Senior Smith, submitted a report in November, which indicated that incarceration would be detrimental to her recovery from a recent surgery.

Doctors from the Department of Correctional Services also examined the senior citizen and concluded that incarceration would be unsafe for her, given her age and health situation. 

Consequently, Justice Pusey, in what was clearly a difficult decision for him, pointed out that after weighing his options, a suspended sentence was the best he could do. 

The judge, who dismissed a recommendation from prosecutor Kathy-Ann Pyke for Johnson to be given a “short sharp shock”, said he had considered imposing a hefty fine but that Johnson may liquidate the property to make the payment and that money would be handed over to the Government. A fine, he said, would also deprive the complainant of the 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 before handing down the sentence. 

“As I said, I am not comfortable in terms of this  but this is the best I could do,” he said after handing down the sentence. 

The facts in the case reveal that in November 1991, the complainant, a United States resident, sent money to Johnson to purchase a parcel of land in May Pen, Clarendon. 

The purchase was completed in 1992, and the title was mailed to the complainant. 

But the complainant returned the title to Johnson for her to hand it over to the original owner. 

In July 1994, the complainant was made aware of an advertisement in THE STAR in relation to a lost title for the property, 

Consequently, the complainant came to Jamaica to conduct a personal investigation and later reported the matter to the police after he found out that a lost title application had been made. A new title was issued. 

The complainant also learned that the property was transferred by way of a gift and subdivided in 1995. The property was transferred not only to Johnson but her four children and ex-husband. 

Her ex-husband, however, indicated that he did not give her any permission to sign his name on 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 facing similar fraud charges for allegedly defrauding her husband of his property, had her bail extended for her to return to court on June 2.

- Tanesha Mundle

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