A thieving office manager who embezzled almost £6,000 from a St Andrews architects’ firm has been spared jail.
Brazen Kirsty Kean overpaid herself, made two unauthorised transactions worth more than £2,000 each and used the company bank account to pay for a Premier Inn stay in Newcastle.
The 43-year-old claimed her bosses at Muir Walker Pryde made “scurrilous” accusations against her because she spoke out against their business practices.
Claims were made that Kean had lied to company directors Ian and Reseda Muir about the death of her father after her thefts had come to light.
Kean denied the thefts during her trial at Dundee Sheriff Court but was found guilty of stealing £5,770.46 during her brief employment between July 30 and October 31 2017.
‘Web of lies’
Sheriff Paul Brown slated the “web of lies” spun by Kean and ordered her to pay the money back.
“You breached the high degree of trust and responsibility placed in you,” the sheriff told Kean.
“There was significant planning. There was a high level of inconvenience suffered and the complainers experienced emotional distress that was particularly acute distress having trusted you.”
He added: “They felt a profound sense of betrayal. You sought to avoid any discussion with a web of lies.
“All of this means you have well and truly passed the threshold for a period of imprisonment. It’s extremely sad to see someone of your age, clearly intelligent and talented coming before the court for a crime such as this.
“There has to be punishment and I will impose a community payback order.”
Salaries
The court was told on Thursday how Kean will keep her job as a property manager, despite previously failing to tell her employer about the crime.
The trial heard that Kean was responsible for paying salaries after being given access to the company bank accounts. Kean denied having any access.
She claimed one of the payments of £2,300 was a bonus given to her by Mr Muir, 54, for obtaining a grant to make the office more energy efficient.
This claim was flatly denied by Mr Muir, who said the application was not taken forward until after she had left.
Kean said: “Mr Muir told me had never seen such a quick or expeditious return and wanted to pay me a bonus because he couldn’t increase my salary.
“He said it would be difficult to talk Mrs Muir into this and he could speak to his accountant.
“He said he would put this through as a pension payment.”
She added: “I didn’t bring the second payment of £2,300 to his attention – he said he had done that by mistake which I thought was odd.”
Bank statements shown in court
Prosecutor Larissa Milligan displayed Kean’s bank statements to the court, which revealed a £761 payment to Thomas Cook on the same day one of the £2,300 payments went into her account.
Ms Milligan said: “You stole £2,300 from your employer and paid off a holiday balance. That’s what it looks like.”
Kean replied: “That’s not what happened.”
Mr Muir said in earlier evidence how Kean apologised for overpaying herself and said she was “horrified” by suggestions she was defrauding the firm.
When questioned on the £270 Premier Inn stay, Kean claimed the Muirs had set up a company account with the hotel chain because they wanted to do more business in London.
Mrs Muir said the account was established without her knowledge and refuted Kean’s assertion that she repaid the money in cash.
The trial heard how Kean took several days off work after claiming her father had died.
However, cleaner Megan Gilmour said she had been on a night out with Kean and met her parents in Leuchars.
Kean, of Blaefaulds Crescent, Denny, claimed it was actually her biological father in South Africa who had died, even though Mr Muir had received a text where Kean discussed her “uncle’s funeral”.
Ms Milligan said: “I am suggesting that you were responsible for overpaying your salary, for making unauthorised payments to which you weren’t entitled to and spending £270 on a hotel and that Mr and Mrs Muir did not have any idea about it.”
Kean replied: “That’s inaccurate.”
Community payback order
Sheriff Brown ordered Kean to perform 225 hours of unpaid work and placed her on a restriction of liberty order, designed to keep her indoors between 7.30pm and 6.30am for nine months.
Kean was also ordered to pay back the thousands she pocketed as well as being placed on supervision for 22 months.
The orders were made as an alternative to custody.
