A man who has since been convicted of murder was the alleged mastermind behind the theft of EC$389,155 from the Bank of St. Vincent and the Grenadines (BoSVG) in 2020, a crime for which two people were fined, ordered to pay compensation and given suspended prison sentences on Sept. 16.
This element of the case was not disclosed during the trial, but iWitness News was reliably informed that this is the coercion that lawyers mentioned as they pleaded with Chief Magistrate Colin John not to send their clients to prison.
In July, Yvonne Patterson, 53, a former banker, of Green Hill, and Fitzroy Jr. Izarus Marcus Douglas, 31, a mechanic, pleaded guilty to theft and money laundering charges related to the EC$389,155.
They pleaded guilty after the court ruled against their lawyers, Grant Connell and Maxron Holder, who made no case submissions after the prosecutor, Inspector of Police Renrick Cato, closed his case.
Patterson, who was a clerk at the bank, was responsible for clearing cheques. However, instead of depositing the sums into the relevant accounts, she would deposit them into Douglas’ account.
Douglas would go to the bank and withdraw the money. He used EC$13,000 of it to buy a car even as he kept some EC$46,865 in cash at his home, which police recovered during a raid.
The electronic interview that Douglas gave to investigators was not played in court. However, iWitness News was reliably informed that he told police that the murderer randomly began calling his phone from inside prison and threatening him and his girlfriend.
The murderer allegedly introduced himself to Douglas and explained what he wanted Douglas to do. When Douglas reportedly appeared reluctant to act as he had instructed, the murderer would call Douglas’s phone, telling him that he knew where he was.
From behind the prison walls, the murderer would allegedly tell Douglas the exact location where he (Douglas) was, and on one occasion, reportedly told him that he knew that his girlfriend was at a particular hair salon, which was in fact the case.
Questions are being raised about the location of the unrecovered money, a substantial amount of which is alleged to have been given to a relative of the murderer, as he instructed.
Patterson and Douglas have been spared immediate jail time as John decided not to impose suspended prison sentences.
However, they could still end up in prison if they do not pay the compensation and fines that the court imposed.
Patterson’s lawyer, Grant Connell, told the court that she has a physical disability — referring to the manner in which she walks.
However, the lawyer further told the court that Patterson has a medical condition, the nature of which he did not wish to disclose in open court.
The court heard Connell’s mitigation as well as that of Douglas’ lawyer, Maxron Holder, before hearing in chambers about Patterson’s medical situation.
Prosecution supported suspended sentences
During the sentencing hearing, John seemed inclined to send the defendants to prison. At one point, he asked the lawyer to address him on the circumstances in which a suspended sentence is applicable.
The lawyers’ argument may have been helped by the prosecutor, Inspector of Police Renrick Cato, who informed the court that the prosecution was not opposed to a suspended sentence.
“What weighed heavily on the decision of the court is the schedule as laid down in the section, signed by Chief Justice Mario Michel,” John said after handing down his sentence.
He said he had considered that there was a realistic prospect of rehabilitation, strong mitigating factors and that immediate custody would result in significant harm and impact on others.
He said the defendants had no history of prior non-compliance with court orders, as it is the first time they have been convicted.
The chief magistrate further said that the defendants posed no risk or danger to the public, and the appropriate punishment could not only be achieved by a custodial sentence.
“I hope it is the last time both or either of you come to the court in this capacity,” John told Patterson and Douglas.
“Time has been given to pay the fine and compensation. Failure to do that, you will be sent to prison for the term prescribed.”
‘coercion, intimidation and exploitation’
In his mitigation, Connell said there was a point that falls between mitigating of the offence and the offender in that there was a level of coercion, intimidation and exploitation.
“It is a factor indicated late in the case,” he said, adding that he had spoken to the prosecutor about the “initial intimidation, coercion and exploitation”.
After Patterson pleaded guilty in July, Connell had indicated that his instructions included “certain issues that I may have to ask the court to hear in camera for reasons touching and involving national security”.
In his mitigation last week, he told the court that although Paterson played a significant role in the crime, she did not benefit financially from her action.
“None of the funds removed from the bank ended out in her coffers,” he said.
‘limited awareness of the undertaking of the offence’
Meanwhile, Holder told the court that Douglas had functioned under direction and had “limited awareness of the undertaking of the offence”.
He said there was little planning of the offence, a point with which Cato disagreed, saying there was significant planning.
John agreed with the prosecutor, saying that the evidence was that on one occasion Douglas tried to withdraw EC$240,000.
He did not succeed and returned subsequently, saying that he wanted two managers’ cheques in his name.
Holder said the defendant is willing to repay the money.
“It will be difficult for him. Society will see that crimes of this nature do not pay,” Holder said.
He noted that Douglas would end up in prison if he does not repay, but argued that an immediate custodial sentence was not warranted.
The duo each faced a maximum of two years in prison on each count of theft. Patterson faced up to seven years in prison on the charge of falsifying documents.
On the charge of stealing EC$53,571 from BoSVG on June 18, 2020, at Kingstown, Patterson and Douglas were each fined EC$5,000 to be paid in six months or one month in prison.
On the charge that on July 23, 23, at Kingstown, they stole EC$335,584 from BoSVG, they were also fined EC$5,000 to be paid in six months or one year in prison.
In light of the money recovered, the defendants were each ordered to pay the bank EC$25,000 within six months or one year in prison, to run concurrently to the previous sentence.
The court also ordered restitution of EC$46,865 to the bank and that the vehicle that was part of the transaction be returned to BoSVG.
On the charge of falsifying documents on Jan. 18, 2020, Patterson was sentenced to two years in prison, suspended for one year.
She received a similar sentence for the count of falsifying documents, committed on June 23, 2020.
The defendants were each sentenced to two years in prison, suspended for one year on each of two counts of money laundering
I warrant that more charges should be forthcoming?
So you steal 300k and get to pay back less than 100k. Who says crime does not pay. This whole intimidation story is a hoax. Now people crying for disability. What of her capability of stealing 300k. They should be made to repay every dime or go to jail. People are getting jailed for far less. This legal system is a joke.