30 days in jail for brazen ‘wife’

Samaroo, 52, pleaded guilty on Monday to wilfully making a false statement to the Chaguanas Magistrates’ Court on July 19, 2000, that she was one Anita Seesahai, wife of Valentino Seesahai, a prisoner who was in custody for failing to make maintenance payments. Sentence was deferred to yesterday as the judge could not decide on Monday what to do with the mother of a nine-year-old daughter. Yesterday, Carmona told Samaroo that what she did was a brazen act on her part. He said the woman gave two statements to the police without being prompted by either the police or by Valentino Seesahai, who was really her common-law husband.

Carmona said based on her attorney’s plea in mitigation, there was a bit of sympathy for her. "But it amounted to misplaced and twisted love. It was a mixture of love and fear which always becomes a deadly mix."

Carmona pointed out that perjury was a very serious offence. He said the court had to decide if to send her to jail, or preserve the integrity of the administration of justice. The courts owe a duty to society that the punishment must meet the justice of the case.

Carmona said there was a rise in perjured evidence in the courts in Trinidad and Tobago. He pointed out that the Court of Appeal had to deal with witnesses reneging on their testimony in murder cases.

Admitting that the maximum sentence for perjury is seven years in jail, Carmona said custodial sentences are always necessary in perjury cases.

Carmona told the accused that her actions led to a legitimate warrant and court proceedings being withdrawn and a mother and two children deprived of financial security. "Perjury attacks at the root of the administration of justice. It is like a rodent, it eats away at the very fabric of justice."

The judge noted that Samaroo was caught in the middle of an abusive relationship. "It is now apparent why the legal wife is in support of the common-law wife. The prime mover was the husband."

Anita Seesahai was in court on Monday, but was notably absent yesterday.

Carmona said he laboured hard and fast as to what sentence he should impose on the prisoner. "It is the pillar which this court would rest. I have considered a fine as indicated by your attorney. The State indicated that it had no problem with a fine."

Carmona said the court had reservations about a fine. He said the court must send a message that it must not be subjected to trickery. He said the court had to go beyond sympathy. "Under no conditions must justice be compromised," the judge added. He then ordered Samaroo to serve 30 days in jail with hard labour. State attorney Candia James prosecuted, while Kenneth Thompson represented Samaroo. On September 29, 1998, Anita Seesahai, of Felicity, swore to information at the Chaguanas Magistrates’ Court and caused a warrant to be issued for the arrest of her ex-husband Valentino Seesahai for failing to pay maintenance money amounting to $11,280.

On July 19, 2000, Bissoondaye Samaroo, of Caroni Savannah Road, Charlieville, went to the Chaguanas Magistrates’ Court purporting to be Anita. She swore as a witness on the Bhagavad Gita before Magistrate Avason Quinlan in the proceedings between Anita Seesahai and Valentino Seesahai in a matter involving maintenance.

Samaroo wilfully made statements on oath which she knew to be false. She falsely declared that she had reconciled with Valentino and she no longer wanted to pursue the matter with respect to her husband’s maintenance arrears.

Quinlan then remitted the sum of $11,280 and cancelled the warrant against Valentino. Samaroo identified herself as the lawful wife of Valentino and declared that she had two children with him.

On July 20, 2000, Anita filed a report at the Chaguanas Police Station in which she stated that she had not received money from the warrant executed on her ex-husband. Anita stated that she did not attend the Chaguanas Magistrates’ Court the day before, nor did she give evidence that she did not wish to pursue the case against Valentino. Around 5 pm that day, WPC Daniel approached Samaroo and identified herself.

Samaroo told the officer that her name was Anita Seesahai, and that she was the wife of Valentino Seesahai. In a statement to the police, she admitted that she had gone to the Chaguanas Magistrates’ Court and cancelled the warrant against her husband.

Around 8.45 pm, in a second statement, she admitted her name was Bissoondaye Samaroo and not Anita Seesahai. She said she went to the court at the behest of Valentino.