Former Krispys employee charged with theft, ordered to pay $28k compensation to owner and $1,000 fine

Shem Smith, a former employee of fast-food restaurant in Roseau, namely Krispys, has been given a four-month deadline to pay compensation to his former employer following his guilty plea to theft of over $28,000.00.

The 32-year-old was indicted at the High Court for theft of $28,500.00 from Joann Moise between December 30, 2016 to February 24, 2017.

According to the facts of the case, Smith was employed as a supervisor at Krispys during the aforementioned period. Among his responsibilities was paying merchants for goods with cheques signed by the owner ahead of the purchase.

Consequently, he was permitted to write the name of the business and the amount owed to the merchant. However, upon further inquiries made by the Virtual Complainant (VC), it was revealed that Smith had written cheques to himself from Moise’s account from the period December 30, 2016 to February 24, 2017, which amounted to $28,500.00.

As a result, Smith was arrested and the charge was preferred against him. Following a Preliminary Inquiry at the Magistrate Court, he was indicted at the High Court and at his first arraignment on January 12, 2023, he pleaded not guilty to the charge.

However, on the date set for his trial, September 22, 2023, upon request by his attorney Peter Alleyne of the Legal Aid Clinic, the indictment was read over to Smith which he pleaded guilty to.

At recent sentence hearing, the defense attorney pleaded for a non-custodial sentence.

He told presiding Judge, His Lordship, Justice Colin Williams, that the 32-year-old father of one was very remorse for his action and have indicted his willingness to reimburse the Moise.

Alleyne averred that Smith is of good character and has had no previous conviction prior to this incident and cooperated fully with the police during the course of the investigation.

The defense attorney further told the Court that the Virtual Complaint will be better served if she is compensated for her loss instead of Smith receiving a custodial sentence.

In a very emotional address to the Court, the convicted man pleaded with Justice Williams for leniency.

“Please don’t send me to jail,” he begged. “I have my son to take care of and I am willing to pay back the money I stole.”

He continued, “I was young and frivol and I made a mistake but I am asking for a second chance.”

However, Moise in an address to the Court told the Judge as a result of the theft, her business was on the verge of closure.

“At the time he stole the money I had major loan to repay,” she stated. “My account when into overdraft and if it wasn’t for my family who came to my rescue my business would be close today.”

Moise further told the Judge, considering the extended duration of the matter before the Court, she had anticipated that Smith, who acknowledged his theft, would now be position to fully reimburse her. The VC reiterated her request for the entire amount taken from her business to be promptly reimbursed.

In handing down his decision, Justice Williams noted that this was a crime of opportunity that was pounced upon.

The Court took into consideration Smith’s guilty plea, the fact that he was a first-time offender and his level of remorse.

The Court then imposed a fine of $1,000.00 to be paid on or before October 31, 2023.  In default he will be imprisoned for six months. Smith was further ordered to pay full compensation to Moise in the sum of $28,500.00 no later than January 31, 2024. In default of this payment he will be imprisoned for one year.

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