An Angus Council social care worker who cashed over £2,000 in cheques stolen from a frail OAP weeks before she died has been jailed for six months.
First offender Elaine Kerr’s crime against 80-year-old dialysis patient Jane McGregor, who she was supposed to be looking after in a Kirriemuir sheltered housing complex, was described by Sheriff Kevin Veal as a serious breach of trust
Family members still grieving over the loss of their loved one welcomed the jail sentence for an offence they said was ”pre-meditated and evil.”
Kerr (44), of Jubilee Park in Forfar, appeared for sentence at the town’s sheriff court on Thursday having previously admitted stealing cheques from a property in Glebe Court, Kirriemuir, between December 10 2010 and January 4 this year.
She also admitted five separate charges of uttering forged cheques at branches of the Bank of Scotland in Aberfeldy and Forfar between December 29 last year and March 7. The cheques cashed were for £150, £470, £350, £640 and £479.
Fiscal depute Hannah Kennedy said Kerr had been employed as a social care officer with the local authority from December 2009.
”She got assistance from the accused and other members of staff. Because of her frailty the complainer didn’t take charge of the cheque book,” Mrs Kennedy added.
”She (Kerr) would not have had access to the lady’s bank account.”
The victim’s daughter helped look after her finances, and concerns were raised when she noticed a cheque for £479 had come out of the account.
”She knew something was wrong, spoke to the bank and realised that the signature was not the old lady’s signature. It was the accused’s.”
In police interview, Kerr confirmed she stole five cheques, using the money to pay off debts and buy items including toiletries.
Defence solicitor Susan Russo said her client, who is divorced, was remorseful and ashamed.
”It will be no consolation to the family of the victim here that Miss Kerr feels a sense of worthlessness in relation to what she has done,” added the agent. ”Miss Kerr had not been coping with life in general and had not been coping with her work.
”There have been significant consequences,” continued the lawyer, adding that Kerr was no longer employed by the authority, was on the edge of bankruptcy and had suffered mental health problems.
”She has been the author of her own misfortune, but she is not trying to mitigate what she has done,” she said.
”At the time she was suffering from a moderate to severe depressive episode. Perhaps these offences were committed as a cry for help.”
Sheriff Veal said that while a first offender would normally be dealt with in a non-custodial way, several features of the case demonstrated the gravity of Kerr’s actions.
Those, he added, included her employment role, the age and poor health of the victim and the sum involved.
”The accused is, I am informed, almost bankrupt and there is no realistic possibility whatsoever that she will be in any position to repay any of the sums involved,” said the sheriff.
”Great trust is devolved on those who are given access to the home of vulnerable elderly adults. That trust was seriously breached on this occasion.
”Unfortunately for the accused, she is assessed as unsuitable for both probation and a Community Payback Order.
”A deferred sentence would not be a suitable marker for an offence of this gravity and the imposition of any sort of financial penalty is not appropriate because of the accused’s financial position.”
Mrs McGregor’s son, Lindsay (41), spoke on behalf of the family and described the jail sentence as ”absolutely justified”.
”She knew exactly how ill mum was and three weeks after being informed she had been robbed she passed away,” he said. ”This was not just a one-off she carried out an action five times to make money.”
An Angus Council spokesman confirmed Kerr is no longer employed by the authority.