Jail for workaholic cleaner who stole over £5,000 in cash

Wednesday 27 July 2016

A cleaning lady who worked 17 hours a day has been sentenced to nine months in prison for stealing over £5,000 in cash.

Maria Fernandes admitted the theft and told the court her teenage daughter may have to be taken into care if she was imprisoned, but Relief Magistrate David Le Cornu said he jailed her today as there were not sufficient “exceptional circumstances” for the cleaner to retain her liberty.

The Magistrate's Court heard Fernandes claimed she was taking the money back when she was arrested, but her appeal to stay out of prison was rejected. 

Prosecuting, Police Legal Adviser Carla Carvalho said Fernandes, who required an interpreter in court, stole a total of £5,768 from bundles of cash at an address in St Lawrence. 

Ms Carvalho said: “This was a theft from a home in St Lawrence. The victim set up CCTV in his home where he kept a considerable amount of cash in a box in £1,000 bundles. These bundles were marked using ultra violent pen and marked from numbers one to 13. 

“On May 19, the CCTV footage shows the cleaner reaching into a cupboard under the sink and removing bundles of £20 notes. She is seen counting the notes and put the cash into the front of her jeans. 

“On May 23, police officers attended the address and arrested her on suspicion of larceny. She stated “I have not taken any money.” A search revealed six bundles of cash spilling out of her handbag. 

“The bundles were marked with ultra violet pen and marked nine and 11. The cash amounted to £5,768, plus 300 in Euros. 

“Under interview Fernandes said she worked as a cleaner 85 hours a week. She said her father was suffering from cancer and she was sending money to Madeira for medical treatment. She has no relevant previous convictions and had worked for the victim for 12 months.”

Defending Advocate Sarah Dale said the money taken had been fully recovered and Fernandes, who cried in court, admitted she had made a “foolish decision.”

Advocate Dale said: “She is extremely remorseful for what she has done. She knew what she had done was wrong and it was her intention to take the money back. When she was arrested days after, she still had the cash and was going to return it on her next shift at the address.   

“She has a very strong work ethic which is very much to her credit. She was working from 5am to 10pm - 17 hours a day of continuous, hard cleaning work. 

“She is trying to make a better life for herself and her daughter. Her explanation was her father’s serious illness. This is completely out of character for Fernandes, as highlighted by her lack of previous convictions. This is a dishonesty offence but it is a one-off. 

“She has lost almost all her previous employment and has managed to find some work, but only 35 hours a week. That’s a considerable drop in earnings. 

“She was due to return the money and she is the sole carer for a 13-year-old daughter. If she is going into custody, what would happen to her daughter? There is also no guarantee she will keep the accommodation she is living in. She does not have family here and her daughter could end up going into care which would not be in her best interests, particularly at a difficult age. I would say her daughter is an exceptional circumstance in this case.” 

Relief Magistrate Le Cornu disagreed, saying: “The courts have said time and time again that a breach of trust will result in custodial sentences unless there are exceptional circumstances. I found no exceptional circumstances in this case. I note you pleaded guilty, you are remorseful, you are of previous good character and you have a 13-year-old daughter. 

“You took money from where your employer kept his savings and as a cleaner you know you are in a position of considerable trust. 

“I have taken into account all mitigation and listened to your Advocate but I cannot avoid a custodial sentence of nine months in prison.”

There were gasps in the court’s public gallery as Fernandes was led away in tears.