74-y-o land cheat convict remanded after missing sentencing hearing

A senior citizen who stole a portion of her friend’s property and later subdivided the land and gifted it to herself, her children, and ex-husband was on Friday taken into custody after her sentencing was postponed in the Home Circuit Court.

The defendant, Zella Dell Johnson, who is said to be 74, was found guilty of 14 counts of fraud-related charges, forgery, false declaration, and conspiracy to defraud, in the Clarendon Home Circuit Court in March.

However, last Friday when she appeared before Justice Leighton Pusey, her sentencing was delayed until Thursday, November 3, after the judge was informed that there was no truth to reports made to the court in September saying that she had been admitted to hospital and was unable to attend her sentencing hearing.

The prosecutor informed the court that the investigator had submitted a statement in which he indicated that he made checks at May Pen Hospital and was told that Johnson had not been there since 2005 when she was an outpatient.

But Johnson’s attorney-at-law, Oswest Senior-Smith, who expressed surprise at the disclosure, told the judge that he was rejecting the report.

At the same time, he admitted that there was some miscommunication.

According to Senior-Smith, his client was, in fact, admitted because of post-surgery complications, but was discharged a day before the sentencing hearing.

However, when the judge enquired if the defence had brought any documents to support that claim, nothing was produced.

Justice Pusey, as result, noted that he would give the defence time to respond, but would have to remand Johnson based on the history of the case.

The judge recalled that he had advised Johnson from March that the likelihood of her being imprisoned was very high, but had given her three months to make arrangements for restitution.

However, he said when the matter was mentioned in June, nothing was done and she was taken into custody.

But the judge said after she changed lawyers and Senior-Smith took charge of her representation, questions were raised about her medical condition and he released her to facilitate her surgery. A new sentencing date was scheduled for September.

But when the matter was called up, the judge said that neither she nor her lawyer was present. The court, after waiting for some time, was informed that she was admitted in hospital.

Senior-Smith, who indicated that he was in the appellate court and had asked for time, said that his client had no intention of running away.

1992 land deal

Based on facts in the case, 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 lost title application was made. A new title was issued.

The complainant also learned that the property was transferred by way of 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.

tanesha.mundle@gleanerjm.com