A My Lord’s Hill, St Michael man has been handed concurrent three-year sentences, suspended for three years, after admitting to cheque fraud offences committed in 2019.
Jamal Omar Best, of Odessa McClean Drive, had previously admitted in No. 4 Supreme Court that on June 14, 2019, with intent to defraud, he obtained $5 000 from Republic Bank (Barbados) Limited with a forged cheque payable to Damian Jackson and drawn on the account of Barbados Trust Fund Limited and that he uttered a certain forged bill of exchange, namely a Republic Bank (Barbados) Limited cheque payable to Jackson for the sum of $5 000 and drawn on the account of the Barbados Trust Fund Limited knowing the same to be forged.
He also admitted that on June 17, 2019, he fraudulently obtained a further $5 000 from Republic Bank (Barbados) Limited using a forged cheque payable to Orlando James and drawn on the same account and that he uttered a certain forged bill of exchange, namely a Republic Bank (Barbados) Limited cheque dated June 17, 2019, payable to Orlando James for the sum of $5 000
Justice Laurie-Ann Smith-Bovell declared: “Crimes of a financial nature like forgery and uttering forged documents wreak havoc on our banking and financial system and have serious effects on our economy no matter how small or large the sums involved. I am sure we have seen that many businesses no longer accept cheques as a means of payment.
“Fraud in whatever manner leads to increased regulations in the financial and business sectors, which adversely affects the ease of doing business both locally and internationally. Whether the amount appropriated through forgery is large or small, the systems are affected, and it impacts on all members of society as we go about our banking and financial business.”
The court heard that an officer of Republic Bank reported to police that money had been obtained using cheques later discovered to be fraudulent. CCTV surveillance footage was obtained, and Best was arrested.
Best told police that a man named Ace gave him the cheques and an identification card bearing his photograph. “I went in the bank and get it change, $5 000. That is it. When I come out, I give he the money and from there we left.”
Justice Smith-Bovell found as aggravating factors the total sum of $10 000, the level of sophistication and planning involved, the financial harm to the bank, and the fact that none of the funds was recovered. She therefore set a six-year starting sentence for each offence of fraudulently obtaining the funds and forgery on both indictments.
In Best’s favour, he expressed remorse, cooperated with police in identifying the other person involved, has not reoffended, and appeared to be on “a rehabilitative trek”. The judge reduced the starting points by one year. After credit for his guilty plea, delay, and time on remand, Best was left with three years on each offence.
She said: “While the court is of the view that a custodial sentence is warranted, it also has considered the rehabilitative element of sentencing. From the presentence report it appears that the now convicted man is making efforts to rebuild and improve his life and that of his family. He has not reoffended since this offence and since being sentenced in 2024.”
Justice Smith-Bovell sentenced him to three years for each offence, to run concurrently, but suspended these for three years.
The judge continued: “I am required to and hereby explain to you that should you commit a subsequent offence during the three years for which your sentence is suspended, you will be liable to be brought back to court and to be dealt with in accordance with section seven of the (Penal System Reform) Act, which requires that you will then serve the full, unaltered term of your sentence.
Defence attorney Neville Reid represented Best, while Acting Senior State Counsel Maya Kellman prosecuted the case.
(JB)
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