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Guest worker criticises police for keeping phone

Jay Ann Alias (Photograph supplied)

A beauty therapist accused of stealing from her former employer has criticised police for failing to return her mobile phone after they seized it more than nine months ago.

Jay Ann Alias said the phone has evidence she needed to clear her name after she was charged with the theft of $118 of beauty products from Lush Beauty Trendsetters in Well Bottom, Warwick.

Ms Alias, who denies the charge, said several attempts to get the device back since it was taken by officers during a March 27 search of her home had failed.

Her trial at Magistrates’ Court date is set for May 1.

In a complaint she filed with the Police Complaints Authority on November 24, Ms Alias wrote: “My evidence, to prove that the product was not stolen, is on my phone.

“I am fearful we won’t be able to provide my defence.”

After being contacted by The Royal Gazette, a Bermuda Police Service spokesman said the officer in charge of the case would contact Ms Alias with an update.

Ms Alias said: “It’s almost a year now.”

The 33-year-old told how four officers raided her home in Warwick soon after she arrived back on the island from a six-week trip to her home country, the Philippines, to get married.

The police were acting on accusations from her employer, Hanifah Smith, that she had stolen items from the beauty salon, where she worked.

Ms Alias said that if she had her phone back she could access e-mails that would show the product was in her home because she conducted staff training there, with Ms Smith’s knowledge.

“I want to fight for this,” she said. “I don’t deserve this. I did not do anything. I have all the evidence on my phone.”

Ms Alias shared correspondence with the Gazette from the lead officer in her case in which he promised to seek permission from his superintendent to return the phone to her and to advise her of the decision on October 25.

She said she did not hear back, although the officer had her e-mail address and her husband’s phone number, until after the Gazette reached out to the BPS.

The detective called her on December 20 and said she would be able to collect the phone on December 27.

Ms Alias is visiting the island on a tourist visa at present, having been fired by Ms Smith. She said the visa would soon run out but she wanted to stay to defend her case in court.

She has yet to hear back from the BPS’s professional standards department, which assesses complaints submitted to the PCA.

The police spokesman said: “The BPS can confirm that Ms Alias’s criminal matter is before the courts. The phone has been seized as evidence in the criminal matter.

“Difficulties in accessing potential evidence on the device have caused unexpected delays.

“The officer in charge of the matter is aware of the issue and will make contact with Ms Alias to provide an update on the matter.”

Ms Smith referred queries to her lawyer Tanisha Butler, who said her client was also pursuing a civil claim against Ms Alias.

UPDATE: Jay Ann Alias attempted to recover her phone on December 27 at the Hamilton Police Station, but the lead officer was not there