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British law graduates face weeks in prison after judge refuses bail
Benedict Moore-Bridger31 Jul 2009
The British law graduates accused of holiday insurance fraud are being held in a Brazilian prison with murderers and drug-traffickers after a judge refused to grant them bail.
Shanti Andrews and Rebecca Turner, both 23, have been imprisoned at the Polinter de Mesquita prison in Rio de Janeiro for the past five days for allegedly making false claims to police about a robbery.
The women had hoped to be released on bail yesterday. But a judge at Rio's 27th Criminal Court ordered they stay behind bars until their trial because they are foreigners, their lawyer said.
It means the friends will be forced to endure cramped and dangerous conditions until their trial, which could be weeks away.
Their legal team had expected they would be freed and face a lesser charge of making a false claim, which is punishable by up to six months in jail or a fine. But state prosecutors charged them with insurance fraud, which carries a maximum five-year jail term.
Judge Flavio Itabaiana made the ruling behind closed doors while the two graduates remained in the filthy, rat-infested prison conditions
It is understood he feared the tourists could flee Brazil - despite having their passports confiscated - as he believed the British Embassy could provide them with new passports or other travel documents.
The women's lawyer, Renato Tonini, said: "This is very bad news for my clients. The prosecutors have charged them with the more serious offence, and the judge has refused them bail. He said it was because they are foreigners and so there is a serious risk they might abscond.
"We believe it is the wrong decision by the judge and we are going to appeal to a higher court.
"The women were not in court for the ruling and they do not yet know about it.
"Unless we win on appeal it means they will remain in prison until the trial, which could be weeks away." A second court date is understood to be scheduled for next week. The prison is in Baixada Fluminense, a rundown district on the outskirts of Rio de Janeiro. They are sleeping in a corridor without mattresses because of overcrowding and are surrounded by murderers and drug-traffickers.
Their parents have issued pleas for mercy and the local British consulate has also been attempting to have them released from the prison, which has been condemned by human-rights activists.
Gang violence and murder is common, with foreigners thought to be particularly at risk.
Andrews and Turner were arrested after telling police they had been robbed of more than £1,000 of goods during a bus trip.
Suspicious officers went to their hostel and apparently discovered some of the items under their beds, including a £240 mobile phone, a £450 digital camera, a £600 iPod and a £60 white bag, all of which the women had claimed were stolen.
The women, both of whom graduated from the University of Sussex in law in 2007, maintain they were robbed but made a mistake as they reported the crime to police.
They were coming to the end of a nine-month world tour of 30 countries when they were arrested.
Speaking at the family's large detached home in Frant, near Tunbridge Wells, Ms s mother, Simone Healey, 39, said the two girls were "absolutely traumatised".
She added: "It's every mother's worst nightmare.'
Reader views (8)
Yet you have a British Citizen that hacked into the Pentagon and Nasa, and Brits want him free. They say they want him tried in the UK but we know that the liberal justice system will let him go. This is a much more serious than a few "bird" making a 1000 quid on insurance.Honour your treaty UK. You signed it. Don't pick and choose !
- Ruckus, Myrtle Beach USA, 01/08/2009 05:50
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There are 18 year olds dying for our country as we speak. They're young, it's just they have some morals and a sense of right and wrong. These two idiots are not even worthy of any sympathy. Looks like they could lose some weight as well. So a lesson in life and a diet. Job done.
- Jon, london, 31/07/2009 12:45
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It is clear that the Brazilian authorities intend to make examples of these girls to deter other would-be fraudsters. They only have themselves to blame for their predicament. Next news item please . . . . . . . . . .
- Graham Rodhouse, Helmond, Netherlands, 31/07/2009 12:33
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They could take the easy way out by getting themselves pregnant by a male inmate whilst in prison....
- Nowan King, London, 31/07/2009 12:27
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"They committed a crime, whats the problem?"
The problem is Clare, that we don't know what really happened, since there has been no prosecution.
My experience after living in 3rd world countries for many years is that some corrupted elements in the police see foreigners as an easy way to extract huge amounts of money.
Have you read as to what happened to many innocents tourists in Thai airports?
- John Smith, Londonistan, EUSSR, 31/07/2009 12:19
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The prison started a discussion in Brazil; see http://oglobo.globo.com/rio/mat/2009/07/30/justica-nega-liberdade-provisoria-para-turistas-inglesas-presas-por-estelionato-757040491.asp
On one hand, Brazilians are used to seeing committers of much more serious crimes being bailed or not even going to jail.
So, many Brazilians see the enprisonment of the young girls as demagogy, an attempt to show to the world that we are a serious country.
On the other hand, there are several cases of Brazilians being mistreated abroad; the most recent case was Jean Charles', a Brazilian who was killed by the Scotland Yard.
So, many Brazilians see now an opportunity for reciprocity.
In any case, there is no doubt that they committed a crime, and the due legal process is being followed.
- Brazz, Sao Paulo, Brazil, 31/07/2009 12:02
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They committed a crime, whats the problem?..
should we feel any differently just because its two law student girls? that what this story seems to imply..
If you can't do the time , don't do the crime
- Clare, London, 31/07/2009 10:45
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Why is this regarded as newsworthy? If these two supposedly intelligent young women had paused to reflect about the possible consequences of their actions, they wouldn't be in the situation they are now. There seems to be an unofficial "holidaymakers charter" in operation which allows people to commit offences with impunity abroad, safe in the knowledge that the British consul will dance in attendance and an outraged xenophobic British public will call for their release if they are incarcerated somewhere inhumane (i.e. without colour TV, air conditioning and a bar). Making fraudulent claims for the purpose of obtaining benefit under an insurance policy is a crime. They picked the wrong place to commit an offence. Sounds harsh, but it is true.
I'm just waiting for the comment along the lines of "You were young once. Didn't you make mistakes?" I might have done. Nothing illegal, though.
- Edward Thompson, Bedfordshire, 31/07/2009 10:40
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