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`Distressed' nanny guilty of thefts totalling $16,900

A Philippino nanny was given a conditional discharge and told to leave Bermuda yesterday after she appeared in court charged with stealing more than $16,000 from her employer.

Magistrate's Court heard how Veronica Masliyan had withdrawn the cash from her employers' bank account to pay medical bills for her father back home and to meet the costs of her late sister's funeral.

The 23-year-old pleaded guilty to 12 charges relating to the theft of a series of cheques while she worked for a family on the Island.

She admitted to stealing and making out three cheques in the amounts of $4,000, $3,200 and $4,500, and asked that other cheques she stole be taken into consideration -- giving a total of $16,900.

The nanny has also repaid the stolen money.

Crown Counsel Cindy Clark told how her employers had noticed the amount missing and inquired to the Bank of Butterfield.

It was then revealed that the cheques were stolen and made out to their nanny.

Ms Masliyan was arrested and admitted she had stolen each cheque separately and sent the money to her homeland.

An investigation by prosecutors revealed her father had suffered a stroke and required medical attention and her sister had recently died in a road accident.

Ms Clark said: "The defendant has repaid the money to the bank and she has no previous convictions.'' Nanny pleads guilty to thefts In mitigation, defence lawyer Patrick Doherty said Ms Maliyan's state of mind and circumstances pushed her to make a tough decision.

He said: "My first observation which I wish to make was that it wasn't a sophisticated offence.

"She knew the cameras at the bank would catch her. There was no evidence of breaking and entering at the employers' home, so she would immediately be the first suspect.

"When confronted, she readily admitted her involvement and she has entered a plea of guilty at the earliest opportunity. She has made full restitution.

"The money she did obtain was sent back to pay for her father's medicines and the money paid for funeral expenses for her sister who passed away.'' And Mr. Doherty said the defendant was also planning to leave Bermuda soon.

Mr. Doherty asked Mr. Warner to keep in mind her previous clean record and personal distress when sentencing her.

He said it was not in the public interest that she remain in Bermuda, but said a better option would be passing a sentence that allowed her to leave.

Senior Magistrate Archie Warner said: "The personal circumstances of the defendant, including the fact that she has lost her job and that, although having nothing to do with this court, she no longer has a prospect of further employment on this Island.

"I will say that an immediate custodial sentence is not the way to deal with this offence in these circumstances, then, what can be inferred is that a fine would be a substantial one -- the defendant would not be able to pay it.

"In between a fine and a custodial sentence, there is a suspended sentence.

The defendant is not a Bermudian and said she plans to leave the Island.

"The Court of Appeal said a suspended sentence is not an appropriate sentence...

"I'm going to deal with this by way of Section 64 (of the Criminal Code).''