Colombian transgender conwoman who used stolen ID to gain bail spared jail

A conwoman from Colombia used a stolen ID to dupe authorities into granting her bail. But her transgender status then convinced a County Court judge to spare her jail time.

A Columbian conwoman who used a stolen ID to dupe police and gain bail has been spared jail. Digitally altered generic image

A Colombian conwoman who used a stolen ID to dupe police and a magistrate into giving her bail has dodged jail because she is transgender.

Felipe (Nadia) Bahamon, 29, pleaded guilty in the County Court last Friday to several charges including theft, unlicensed driving and attempting to pervert the course of justice.

The Colombian national came to Australia on a tourist visa in 2009.

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She used a driver’s licence, proof of age card and a student card stolen from her former Melbourne flatmate, Johanna Diaz, to commit a string of crimes between August, 2014 and December, 2017.

Bahamon, who was living in South Yarra at the time, used her fellow countrywoman’s license to hire a black Mercedes Benz station wagon from Hertz in January 2015.

She was stopped by police while driving drunk but gave them Ms Diaz’s name and later failed to appear in court.

Bahamon, who owed $2061.19 on the BMW, was also being chased by Hertz.

She was questioned by police in July, 2015 after she allegedly stole from a Docklands shop but again used Ms Diaz’s ID.

A warrant for Bahamon’s arrest in the name of Johanna Diaz was issued by a Melbourne Magistrates’ Court judge after she failed to appear in court.

She was picked up by police on July 10 and was given bail in Diaz’s name.

Police checked Johanna Diaz with Border Force but were told the identity theft victim had left Australia in 2014.

Bahamon eventually revealed her real identity to police when she was arrested in February last year.

Judge Philip Taft said Bahamon’s use of a fake ID to get bail was “most serious”.

“To evade and avoid your legal responsibilities, to mislead police, to waste precious resources, to pervert the processes of the legal system represents serious offending,” he said.

Judge Taft said said Bahamon -who is transitioning from a man to a woman - had been bullied in Colombia for “being feminine” and having an “attraction to males”.

It was for these reasons Judge Taft didn’t send Bahamon to jail.

“Your personal circumstances (being transgender) make this a most unusual case,” he said.

“Had it not been for those personal circumstances then I would have no hesitation in imposing a term of imprisonment.

“It’s unclear whether you would be sent to a male or female prison.”

Bahamon was placed on an 18-month community correction order and ordered to perform 220 hours of unpaid community work.

She will apply for a protection visa to stay in Australia.

Judge Taft warned Bahamon “loudly and clearly” that she will be sent to prison for the slightest breach.

“That (prison) will not be a good experience for you,” he said.