Seventy-eight-year-old courier sentenced for stealing $180

Henry Blodsit Ebanks, 78, was sentenced earlier this month to perform 100 hours of community service for the offence of theft from his employer. The amount involved was $180, which Ebanks admitted taking in May 2008. 

Justice Carol Beswick agreed that theft involving a breach of trust in the employer/employee relationship should be deterred “in order to ensure that persons can continue to place confidence in the operation of businesses in these [Cayman] Islands.” This case, however, was not one that would be expected to impact on the economy in general or on the public in particular, she wrote in her sentencing remarks. 

The facts, as presented by Crown Counsel Michael Snape, showed that Ebanks worked as a messenger.  

“He was not involved in any financial dealings. He held no lofty position in the company and had retired from the company as a warehouse attendant before he was rehired as a messenger,” the judge pointed out. 

“It is clear to me that the defendant’s job, which carried with it a wage of eight dollars per hour, was not one which would normally be described as involving such trust that the breach of that trust should result in immediate imprisonment,” Justice Beswick said. 

She noted the amount stolen was small and was “not likely to have contributed in any enduring and noticeable way to his lifestyle.” She also considered that he had no previous convictions for anything other than traffic offences.  

The matter was dealt with in Grand Court in Grand Cayman because other charges were originally laid alleging the forgery of a deposit slip with intent to defraud and the uttering of that document. In March 2010, Ebanks pleaded not guilty to those charges but guilty to stealing $180 in cash from an open safe. A trial date was set for the other charges, but the Crown eventually offered no evidence. 

In setting out the background to the only charge left, Mr. Snapes said Ebanks was employed at Jacques Scott Ltd. His job specifically involved the collection of takings from stores and then delivering them to a central office, where there would be accounting procedures. It was then Ebanks’ job to take the money to the bank and deposit it. 

Mr. Snapes said early in May 2008, Ebanks was seen by another employee “looking around the safe in a way that raised concern”. The company subsequently carried out closer surveillance and set up cameras. Ebanks was seen going into the safe; he appeared to put a deposit bag with cash in it down his sock. Because the cameras were monitored in real time, he was immediately confronted and the bag was in his sock. 

Defence attorney Lucy organ agreed that Ebanks was a trusted employee, but he was simply a courier and was usually accompanied by another member of staff when making deposits. 

“Mr. Ebanks couldn’t explain his action,” Ms Organ told the court, although he did tell her there was an issue over health insurance. He had been asked to retire in 2003 from his warehouse job and was immediately hired back as courier, but with no health insurance. 

She described her client as incredibly embarrassed, remorseful and at low risk of re-offending. He had references from Cayman Islands Premier McKeeva Bush, Pastor Stanwyck Myles and a Jacques Scott employee. He had repaid the money. 

Ebanks was in good health, remained active and was more than willing to do community service, Ms Organ said. “He has had this thing hanging over his head for four years,” she pointed out.  

Justice Beswick said the 100 hours of community service would assist Ebanks to repay his debt to society “and will serve as a reminder to the community and the defendant that the crime of theft was indeed committed and carries with it consequences, no matter how small the amount stolen may be”.  

She noted that the officers preparing a social inquiry report were prepared to find work for him appropriate to his situation.