Trust betrayed: Caregiver sentenced

Update

PLETTENBERG BAY NEWS - “What is even more aggravating is the fact that the accused took from the hand that was feeding her.”

These were the words of Magistrate Steve Laurence before he sentenced 32-year-old caregiver Hesley Mclein, who pleaded guilty to stealing R40 000 from her former employer, Alan Kushner, a dementia patient from Plettenberg Bay.

As reported in today’s edition of the Knysna-Plett Herald, Mclein pleaded guilty to the theft charge involving R40 000. She was initially charged in connection with the alleged theft of more than R96 000 from Kushner’s bank account through unauthorised transactions.

According to court documents, Mclein allegedly misappropriated funds belonging to the complainant while employed as his caregiver. She was arrested on 20 January following an investigation into the suspicious transactions.

In handing down sentence, Laurence said offences of this nature would ordinarily warrant direct imprisonment due to the serious breach of trust involved, particularly where a vulnerable victim is concerned.

The court, however, took into account several mitigating factors, including that Mclein is a first-time offender, her personal circumstances, and the fact that she pleaded guilty, thereby saving the court time and resources.

Mclein was sentenced to 24 months’ imprisonment, wholly suspended for five years on condition that she is not convicted of theft or attempted theft during the period of suspension.

In addition, the court granted a compensation order requiring her to repay the stolen R40 000. She is expected to begin making monthly payments of R2 000 from the end of July until the full amount has been repaid.

Laurence said the court could not overlook the seriousness of the offence, noting that Mclein had abused a position of trust while employed to care for a person suffering from dementia.

Nevertheless, the court found that a suspended sentence, coupled with repayment of the stolen funds, was an appropriate sanction under the circumstances.

Laurence said that the sentence was intended to facilitate rehabilitation outside of prison walls, while also ensuring that justice prevailed through the complainant receiving compensation.

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