Accountant given suspended sentence for P500,000 theft
Lebogang Mosikare | Thursday May 8, 2014 10:51
Principal Magistrate Sijabuliso Siziba found Maruapula guilty on all the 35 counts. He was charged with stealing P567,145,86 from the corporation over a period of one and half years. He committed the offences between December 2010 and March 2012.
Siziba said each count carries a maximum sentence of seven years in jail. “It is common cause that the accused is a first offender. The defence counsel has pleaded with the court to give him a non-custodial sentence that will not break him. I am of the view that there is a danger that passing a custodial sentence will break the accused forever. It is a fundamental principle of law that first offenders shall be given a chance to reform,” said Siziba, adding that this was, however, subject to the nature of the offence committed.
Furthermore, Siziba said that sentences should fit the nature of the crime committed.
“In this case the crimes are aggravated by the large sums of money stolen. This is a factor that ought not to be ignored when passing sentence.
“Crimes of this nature are caused by greed. On the other hand, the court should look at the conduct of the offender. He is a young man aged 34.
“He has a Diploma in Public Accounting and is a breadwinner to his disabled mother and family. He has also blown off his chances of future employment,” stated the magistrate.
Siziba continued, “It has been submitted by the state that BPC needs to be compensated in full. The defence says the accused wants to compensate BPC.
“The question is whether he will be able to compensate the complainant. If he is sentenced to jail I don’t see him paying the moneys stolen. In my view such an approach would be retributive.
“I am of the view that such an approach will not benefit both the complainant and society at large.”
Siziba added that the accused has pleaded guilty to the charges and has suffered severe embarrassment by breaking the trust of his employers.
“...The court will give him the chance to compensate the complainant. He is sentenced to four years in jail on each count. The sentences shall run-concurrently. I suspend two and half years in each sentence for two years on condition that he does not commit any offence that has an element of theft.
“Furthermore, I suspend the remaining one and half years on condition that he shall repay all the money he stole from BPC on or before May 26, 2016.”
In his previous appearance Maruapula’s attorney Kenneth Obeng applied that the accused wanted to compensate BPC all the moneys he stole from them.
State attorney Atina Mandigo did not oppose the application. He said he would call an official from BPC to court to hear their reaction concerning the compensation application made by the defence.
In mitigation, Obeng told the court that Maruapula pleaded guilty to the offences thereby saving the court valuable time.
He also said Maruapula is a commercial farmer who is providing this nation with food from his farm at Sebina.