Two international travellers who have spent 20 days in custody for illegally entering South Australia from Victoria will be released today.
Key points:
- The magistrate said the “terrifying” 20 days the pair spent in custody was sufficient penalty
- One of the travellers crossed the border because she was desperate to find work, the court heard
- They were jailed because there was no suitable bail accommodation on hand
Brazilian woman Yasmin Barbosa Leite, 24, and Estonian man Karel Volzin, 27, pleaded guilty in the Mount Gambier Magistrates Court today for failing to comply with a coronavirus directive.
The pair walked across the border near Penola on September 2 without permission.
The court heard the reason the couple wanted to enter SA was to find work for Ms Barbosa Leite.
She worked in the hospitality industry and lost her job when Melbourne went into lockdown in August.
‘Terrifying’ time
Magistrate Maria Panagiotidis said the 20 days the pair spent in custody was a sufficient penalty and they would be let go.
Convictions for both have been recorded.
In sentencing, Magistrate Panagiotidis acknowledged the time in an Australian jail was “terrifying” for the pair.
But she said the couple knew they were not entitled to enter SA and they made a “calculated choice” to cross the border.
The court heard the couple had to spend their 14-day isolation periods in prison because there was not a suitable bail address in the state.
‘Severe penalty’
Defence lawyer Jonathon Brohier said Mr Volzin had planned to accompany Ms Barbosa Leite across the border before returning to his construction job in Victoria.
He argued that it was a “severe penalty” for the pair to spend so much time in custody, especially because they were double-vaccinated.
But Magistrate Panagiotidis said their vaccination status was irrelevant.
“The law is the law,” she said.
Mr Brohier said Ms Barbosa Leite and Mr Volzin apologised and “sincerely” regretted their actions.
He said they were motivated by Ms Barbosa Leite’s financial situation and desperation to find work.
The court heard that Ms Barbosa Leite will now have financial support from a friend in Melbourne, who would also help her find work.
‘Sounds fair’
Meanwhile, a 38-year-old man of no fixed address has been sentenced on the same charge.
Jason Paul Kelly was sentenced to 21 days’ imprisonment in the Mount Gambier Magistrates Court today.
He was arrested on September 1 after he was found “wandering around” in Bordertown.
The court heard that Kelly had hitchhiked to SA from Sydney.
Unrepresented, Kelly said “that judgement sounds fair” when Magistrate Panagiotidis sentenced him to 21 days, backdated to the day he was arrested.
A conviction has been recorded and Kelly will be released from prison later today.
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