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Three charged with obtaining credit by false pretenses

By DENISE MAYCOCK

Tribune Freeport Reporter

dmaycock@tribunemedia.net

A professional Bahamian Chef, along with two others, was charged with obtaining credit by false pretenses in the Freeport Magistrate’s Court on Friday.

James Lambert, 30, of New Providence, along with his common-law partner Birmaris Motas, 25, and her friend, American Estefania Sawyer, 30, appeared in Court Two before Magistrate Charlton Smith on two counts of credit by false pretences.

The three are accused of defrauding and incurring debt at Western Air. It is alleged that between April 17 and 19, at Freeport, while being concerned together, they obtained $443.10 credit by false pretences.

It is also alleged that between April 8th to 12th, the three being concerned together with intent to defraud and incurring debt at Western Air obtained credit in the amount of $500 by false pretences.

Osman Johnson appeared on behalf of the three accused.

Lambert pleaded guilty to both charges, and Motas and Sawyer pleaded not guilty.

Magistrate Smith accepted Lambert’s guilty pleas, and withdrew the charges against the women, who are both non-Bahamians.

Prosecutor Sergeant Maria Fynes read the facts in court. At about 11am on April 19, a representative of Western Air at the International Airport contacted the Police Station with information from its head office about a passenger James Lambert, who had purchased multiple tickets amounting to $443.10, and that the purchase was confirmed by the credit card company as a fraudulent transaction.

While at the airport, Lambert told officers that his uncle in London had purchased the tickets, but he could not be reached at the time. Prosecutor Fynes said the Police officer cautioned him.

She said police received additional information that tickets purchased in the name of James Lambert, Birmaris Motas and Estefania Sawyer amounting to a $500 purchase online was also confirmed to be a fraudulent transaction.

The prosecutor also told the court that Lambert has antecedents.

In his mitigating plea, Mr Johnson told the court that the accused pleaded guilty at the arraignment and did not waste the court’s time and saved the cost of a trial.

He noted that while his client was convicted in September 2019 for possession of dangerous drugs with intent to supply, Lambert had changed his lifestyle and has been a law-abiding citizen.

Mr Johnson also stated that his client is the father of a six-month-old infant, with Ms Motas, his common-law partner. And that he is the sole provider for his family and supports his mother who is unemployed.

Mr Johnson told the court that Lambert is a self-employed professional chef. He said his client is remorseful for what has happened, and asked the court consider a non-custodial sentence and impose a fine.

When questioned by Magistrate Smith, Lambert said he lives in Nassau, but is originally from Freeport.

“I have not been to Freeport for seven years, Lambert told Magistrate Smith. He said he brought his son and common-law partner and her friend to Freeport because his aunt lives there and he wanted them to see his roots and where he is from.

Mr Lambert told the magistrate that he owns a food truck and operates a food concierge service in New Providence. He apologized for what has happened to Western Air, and to Ms Motas and her friend.

Magistrate Smith convicted Lambert on both counts. He ordered him to pay restitution of $943.10 to Western Air. He also ordered that Lambert pay a fine of $500 on each count or in default serve three months imprisonment at the Bahamas Department of Correctional Services.

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