Woman charged with immigration offences had fled to Malta after terrorists murdered sister

A woman accused of making a false declaration to Identity Malta in order to renew her residence permit has explained that she had fled her native Columbia for Malta, after her sister was murdered in a terrorist act there.

29 year-old Natalia Del Pilar Toro Escobar appeared in court before Magistrate Josette Demicoli this morning, charged with making a false declaration to the authorities.

Defence lawyer Roberto Montalto entered plea of not guilty and requested bail.

Prosecuting Inspector Darren Buhagiar objected to the defence's request, however. The accused had presented false documents to Identity Malta in order to extend her residence permit in Malta. She did not have a genuine reason to stay and so had pretended to still be learning English at an English language school, he said. The woman was a flight risk as she had given police an address of a flat in Paceville, which may or may not be correct, as her place of residence. The woman had tried to deceive the authorities and therefore was not trustworthy. She had admitted to the police that the documents she had presented had been false, he added.

But Montalto submitted that from experience, not every time that an accused person assumed responsibility for an action did it bring with it criminal responsibility.

Had she pleaded guilty, he explained, she would be detained and expelled from the country, most likely being deported back to Colombia. Her parents had sent her to Malta after her 17 year old sister was murdered in Colombia in what he described as a “terrorist act.” She had established herself here and was studying. Going back to Colombia is not an option, said the lawyer, due to the risks to her safety. “Could it be the actions of the accused were not performed out of malice, but have been necessary for her self-preservation?” he asked,
“We have a person accused of making false accusations in order to stay here. There is no minimum penalty for the offence. A prison sentence is not really on the table. So with this in mind, why would she want to flee?”

The accused is a Colombian citizen with an expired passport, explained the lawyer. She has been in Malta for 4 and a half years and had no previous problems with the law. Whilst her address was not permanent, she had spent 7 months residing there
The defence further argued that the Colombian consulate had known of her case for 2 years and had been in regular contact with her. The consul had vouched for her being a trustworthy individual, said the lawyer.

Inspector Buhagiar replied that, while he sympathised with her plight, it didn't remove the responsibility for her crime. pointing out that she could have claimed asylum.

The court, after hearing submissions granted bail against a deposit of €1,500 and a personal guarantee of €5,000.