ST JAMES, Jamaica— The attorney representing Cuban national Ariadna Perez Lopez, who is accused of presenting fraudulent documents to regularise her husband’s immigration status, made a no-case submission on Wednesday to have the case against her dismissed.

Defence attorney Michael Hemmings in his submission noted that no evidence was presented by the Crown to say she knowingly uttered the forged documents with the intent to deceive.

The four elements of the offence he highlighted the prosecution must prove are that the accused uttered the document in question, that the document issued was forged, that the accused knowingly issued forged documents, and that the intention was to deceive and defraud.

Hemmings took note of the testimony of Marie Lue, deputy director of Jamaica’s Passport, Immigration and Citizenship Agency (PICA), who had stated in her evidence that she could distinguish between authentic and fraudulent stamps due to her 22 years of experience, on-the-job training, and special training to arrive at an informed position that a stamp is fraudulent.

According to Hemmings, the evidence was tenuous and should not be relied on, and that the Crown failed to prove the essential elements of the offence, citing several reasons.

He explained that during his cross-examination of Lue, she pointed out that in order for her to know that the stamp was fraudulent, she had to rely on her 22 years of experience and special training, and agreed that Lopez is a lay person.

“She stated that a lay person looking at the stamps with no knowledge and experience is unlikely to say or know that the stamps are fraudulent,” Hemmings said.

“No evidence was led by the Crown through Miss Lue to indicate that Miss Lopez knowingly issued forged documents and that her intention was to deceive and defraud,” the attorney added.

The defence counsel highlighted the security manager’s testimony, in which he stated that he was able to determine the authenticity of a document due to his years of experience and training, as well as the use of machinery, and who had also agreed that a lay person could obtain a certificate of registration and be unaware that the stamps endorsed are fraudulent.

The exhibits’ integrity was also emphasised. Hemmings contended that the person did not sign a document when the exhibits were handed over to the security manager and that the person could not say if they remained the same substance and form, adding that proper chain of custody or proper record keeping was never done.

Hemmings cited the security supervisor’s testimony, in which he stated that he travelled with the documents in his private motor car for 12 to 15 minutes, arguing that the investigating officer was not in a position to say what happened to the documents during that time.

Continuing, he said: “No evidence has been presented by the crown to say that the accused woman knowingly intended forged documents with the intention to deceive or defraud…She should not be called upon to answer.”

The matter is set for continuation on July 26 and Lopez’s bail was extended.

According to the allegations presented to the court, on January 10, Lopez presented a Cuban passport and alien registration certificate to PICA in Montego Bay, St James to regularise her husband’s status and fraudulent stamps were discovered inside both documents.