One mother admitted to taking her daughter to Ukraine in violation of court orders. She was spared prison so that she could travel to war-torn Ukraine to bring her daughter home.
Judge Michael Kay said ‘simple humanity’ led him to the decision to spare Olga Khomenko from a prison sentence so she would be able to retrieve her daughter from the Kyiv region amid a barrage of Russian shelling.
According to the 37-year old, she was accused of taking the girl with her in 2017. She fled an abusive marriage and her husband, whom she claims is violent.
Khomenko was granted 72 hour bail to travel to Ukraine last week. But she was unable to reach the Polish border in time to comply with the time limit.
On Friday she pleaded guilty to the abduction of a child at St Albans Crown Court and was facing up to five year imprisonment. A two-year suspension was granted to her sentence.
After delivering the sentence, Judge Michael Kay said publicly that he wanted ‘her all success’ in the quest to reunite with the girl.
Olga Khomenko (pictured at St Albans Crown Court Friday), a desperate mother, was spared prison to allow her to return home and save her daughter.
Khomenko left with a bag (photo above) and plans to go straight to the Polish border in order to get her daughter.
Court heard that the teenager lives in the Ukrainian capital region with her grandmother. She ‘can’t hear the bombs coming down’.
Both of them tried to get out by train. However, their attempts were thwarted by the attack on the railway station. They were then turned back by Ukrainian soldiers.
Judge Michael Kay said: ‘This court is in an impossible situation. The situation in Kyiv is beyond my comprehension.
I imagine that the law enforcement system and authority has collapsed. The situation is so dire that only desperate steps can be taken.
“I have not seen any sentencing exercises in which the concern of saving children in foreign countries has been considered. It is an extraordinary decision, and I’m not sure if it has been made by any other crown court. “These are remarkable times,” he said.
“The criminal justice systems must be humane.”
Judge Michael Kay said that Olga Khomenko’s’simple humanity” led to him deciding to spare her from a sentence in prison so she could rescue her daughter from Kyiv amid the barrage of Russian bombardment
He stated that he knew the facts and added, “But simple humanity tells me that one sentence of two-year imprisonment is the best.”
Khomenko was seen standing on the dock with a white turtleneck jumper, blue jeans, and wept when the sentence had been passed.
Judge Kay ordered that her passport be immediately released. It is currently held by Gatwick Airport authorities.
Khomenko left court carrying a bag and with the intent of heading straight to Poland to find her daughter.
After an abusive marriage, she separated from her husband and moved into women’s shelters.
Before Judge Kay addressed St Albans Crown Court (above), she ordered her immediate release of her passport. It is currently held at Gatwick Airport by the authorities. She can now travel internationally.
After moving to Ukraine with her little girl, she was finally extradited to Britain in 2020. She had been arrested in Paris the year before and held under an European arrest warrant.
Stephen Vello QC, the defense, appealed to the judge to suspend the sentence before the sentencing.
He stated that: “In summary, this defendant was [the daughter’s]Best chance she has of fleeing the warzone. I don’t think it would be overly exaggerating if she doesn’t. [the daughter’s]Life may end in a few months. This is why it’s so important.