Published Thursday, 03 February 2011
Alison Hewitt's brother and sister didn't even know she had been on trial and found guilty of theft - let alone sentenced to three months behind bars - until they saw a report on UTV Live at Six.
The 27-year-old from Patterson Park in Strabane has a three-year-old daughter, who is now being cared for by other family members.
"I couldn't imagine being taken away from my child and she's in there and we don't know if she's all right. We just want to contact her to see if she is okay," Ms Hewitt's sister Sarah told UTV.
Her brother Niall added: "She went with nothing to prison - she went to court with no overnight bag. As the solicitor said, he told Alison that she would get a fine or a slap on the wrist or something like that. That there was no way she'd be sent down for it."
As Ms Hewitt prepares for a second night in Hydebank prison, her family is desperately hoping she will be allowed to return home after a bail hearing at the High Court in Belfast on Friday.
"We know that what she did was wrong and that if she did steal these jeans, she deserved to be punished - but not so heavily. Especially as she has never offended before, it's a first time offence," her sister said.
The bail application is the first step in Ms Hewitt's legal battle. An appeal against the severity of her sentence will be heard at a later date.
Meanwhile, the Justice Minister has been asked if a similar sentence for a "relatively minor crime" has been handed out before.
Chairman of the Justice Committee, Lord Maurice Morrow, tabled the question for David Ford. He said: "There is no doubt that a three-month prison sentence is a severe punishment for a relatively minor crime, particularly given how leniently much more serious crimes have been treated in the past.
"There must be consistency in sentencing. We need fairness therefore we need to establish if all those convicted of theft for items of less than £10 have received similar sentences."
I know for a fact that my sister is sitting in jail in tears, not believing what has happened.
Niall Coulter, brother of Alison Hewitt
The charges arose after the young woman took three pairs of jeans into the changing room of a shop in Derry city centre in 2009. A shop assistant challenged her when she emerged with two pairs.
Ms Hewitt left the shop and was arrested by police outside. A pair of jeans was found in her daughter's pram. She denied stealing them.
It is estimated that her jail term will cost taxpayers close to £25,000.
Fermanagh & South Tyrone MLA Lord Morrow said it must be asked whether the expense is "worth spending" over an item that cost £10.
"I am a strong advocate of those convicted of serious crimes being punished with a prison sentence," the DUP representative said.
"However, given that at the Justice Committee this week it was revealed that it costs £95,000 per year to house a prisoner in Northern Ireland, it must be asked whether it is worth spending nearly £25,000 of public funds to imprison someone for stealing an item costing £10.
"Even in a case where someone has chosen not to admit their guilt, it does not justify handing out a particularly harsh sentence."
Ms Hewitt's solicitor has lodged an appeal, arguing that due to the "detrimental effect" of a custodial sentence on her daughter, a community service order would be a better punishment.
Judge Piers Grant said that was a matter for the Court of Appeal and her family now say they will be "fighting all the way".