Barrister wants District Court to show mercy after mum Soraya Louise Constant pleads guilty to attempting to import marketable quantity of pseudoephedrine

ONE of the state’s top lawyers fears her client’s infant child will repeat the mistakes of her mother if the pair is separated by a jail term.

Gavel - from Shutterstock

• Issue: Should jailed mums raise their babies in jail?

ONE of the state’s top lawyers fears her client’s infant child will repeat the mistakes of her mother if the pair is separated by a jail term.

Barrister Heather Stokes has pleaded with the District Court to show mercy after Soraya Louise Constant, 30, pleaded guilty to six counts of attempting to import a marketable quantity of pseudoephedrine, a chemical used in the production of amphetamines.

“The end result is I will probably be looking after my client’s child (in court) in 10 to 15 years’ time because the seeds are being planted now, that’s the effect of the research,” she told Judge Paul Cuthbertson on Tuesday.

“The primary concern is the baby, the consequences or potential consequences of removing a child between the ages of 0 and 3 from the mother.

“So please, be merciful to her because that way you are being merciful to her child.”

The offences occurred at St Peters and Woodville North between March 2013 and January 2014.

Constant’s offending breached a suspended sentence she was already serving for trafficking in a commercial quantity of a controlled drug, in September 2008, at Taperoo.

During sentencing submissions, Ms Stokes said Constant had been “self-medicating” with amphetamines while living with her “dominant” partner and co-offender.

“About a year and a quarter ago my client got pregnant ... she immediately stopped using amphetamines or any illicit substance,” she said.

“She hasn’t used any illicit substance, particularly amphetamines, since the baby was born ... she has rehabilitated herself from drug use ... she seems to be a very, very good mother.”

Ms Stokes urged Judge Cuthbertson to give consideration to the potential effect imprisonment would have upon Constant’s baby.

“Overseas, the preference is to allow the baby to stay with the mother (in jail) for at least a few years, up to five in some jurisdictions,” she said.

“In SA, babies are allowed to visit their mothers twice a week, for two hours on a Wednesday and 1 ¼ hours on a Saturday or Sunday.

“The Department for Correctional Services has talked about a change of principle or policy allowing daily visits, however that’s not official as the union is opposed to it.”

She said that impact, combined with Constant’s self-rehabilitation, warranted a suspended jail term.

“This is a case where the question of general deterrence ... needs to be balanced with the message that you (can) genuinely rehabilitate and lead a positive life, as she has,” she said.

Paul Simionato, prosecuting, said he had made inquiries with the Department.

“I can confirm what Ms Stokes is saying ... Corrections has indicated there is no prospect of accommodating a young child in a correctional facility,” he said.

Judge Paul Cuthbertson said he wanted to hear further evidence on the issue, and remanded Constant on continuing bail until March.