Teller involved in bank robbery at risk of deportation and should get lesser sentence, says lawyer

A bankteller who helped her boyfriend and his friends rob a Calgary BMO is hoping her deportation concerns will mean she won't receive as stiff a sentence as others who committed the same crime.

Kenza Belakziz, 22, worked at the BMO in the southwest neighbourhood of Mission when she provided confidential information about the bank to her then-boyfriendSaleem Nasery, who, along with two others, robbed the institutionin November 2014.

'I am not a rubber stamp'

Initially police arrested the three robbers, believingBelakzizwas a victim before they realized it was an inside job. She was arrested in December 2014. Last week, she pleaded guilty toconspiracy to commit a robbery.

BelakzizgaveNaserya list of employees who would be present during the November 2014 robbery, thelayout of the bank, informationabout thesilent alarm,the locations where money was stored and details onbait bills and dye packs.

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On Friday,Belakziz'ssentencing hearing was interrupted so the lawyers involved could address the judge's concerns thatthe proposed sentence of six months in jail was too low.

"You are asking me to impose a sentence that is, I believe, unfit," said Court of Queen's Bench Justice David Gates. "This sentence appears to be tailored for immigration factors."

"I am not a rubber stamp.... I'm not satisfied you're even in the range."

Belakziz moved to the U.S. with her parents and siblings from Morocco when she was two years old and then to Canada in 2010. When the rest of her family obtained Canadian citizenship, Belakziz didn't bother.

A sentence of more than six months meansshe's at a higher risk of being deported to Morocco, where she no longer has family.

Gates noted the starting point for a conviction of conspiracy to commit robbery is five years in prison, but mitigating factors can bring that sentence down significantly.

During a break in court, Belakzizapproached her friends in the gallery of the courtroom and said: "Five years? What the f--k."

A handwritten robbery plan

Key evidence against Belakzizcame from a handwritten robbery plan police discovered in the car of one of the robbers. It was partially written by the bankteller and also hadherfingerprint on it.

In the days before the crime, Belakziz abandoned her plan to rob the bank and tried to convince her boyfriend to do the same, according to the agreed statement of facts.

But Gates noted Belakziz didn't call police or stay home the day of the robbery.

"It seems like a pretty weak abandonment," said the judge. "It would be a much stronger argument if she'd actually taken some positive steps to stop this from happening."

"She betrayed her friends and work colleagues."

Traumatized hostages

Four of the bank employees who were held hostage wrote victim impact statements describing how the robbery traumatized them.

Several of the employees whosewrists were zip tied togetherwrote about always looking over their shoulder.

"My life will never be the same," wrote Andre Deslauriers. "I'm terrified someone might be out there to harm me."

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Marlene Martins said her peace of mind has been stolen and she suffers from nightmares, anxiety and stress.

When Nasery, Lucas Windsor and Matthew Valdes entered the bank, they were armed with a gun, their faces were covered with black neck warmers and they zip tied the doors to the bank closed.

They turned off the lights and ordered the employees to "follow instructions or you will be hurt."

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The robbers said they wanted the "pretty" tellers to get them the money, soBelakzizand another employee were ordered to usetheir codes to open the safes.

Belakziz used her code incorrectly in an effort to thwart the robbery, accordingto the agreed statement of facts.

When the trio of robbers left the bank after 20 minutes with about $12,000 in two bags, police had already set up outside.

All three were arrested within minutes.

Robbers got 5+ year sentences

Defence lawyer GregDunnsaid the collateral consequences of the threat of deportation are significant enough thatBelakzizshould receive a six month sentence.

Dunn asked Gates to respect the negotiations between himself and prosecutors VickiFaulkner and Ryan Jenkins, which brought both parties to arrive at a joint submission ofa six-month sentence plus two years probation.

"When you look inside the mind of a 20 year old, they don't think likeyou or I," said Dunn. "They don't think about long-term consequences."

Jenkins outlined other mitigating factors likeBelakziz's age,thatshe has no criminal record and the fact she pleaded guilty, sparing civilian witnesses from testifying.

Naserypleaded guilty last week to robbery with a firearm, forcible confinement and wearing a disguise. His sentencing hearing will take place in November.

The other robbers, Matthew Alexis Valdes andLucas Wayne Windsor, pleaded guilty in 2015. Valdesreceived a five-and-a-half year sentence for his role while Windsor got a five-year, two-month prison term.

Belakziz will be back in court next month for a continuation of her sentencing hearing.