Family’s fury at thief’s sentence

Karen Ferguson, whose address was given as Queensway Gate in Dunmurry, appeared at Craigavon Crown Court, sitting in Lisburn, this week to appeal against the six month custodial sentence imposed by Lisburn Magistrates Court.

The case was heard before Judge Brian Sherrard, who took the view that the custodial sentence should be suspended for a period of 18 months, meaning Ferguson will not serve time in prison for her crime.

The family of Innes Campbell - husband Norman and son Norman Jr - said they were devastated by the outcome of the appeal. Norman Jr added that whilst Ferguson was now free to walk the streets, his mother had to leave the family home and was now “incarcerated” in a care home for the rest of her life.

The court heard on Tuesday that the appellant had pleaded guilty to three counts of theft from the Campbell home, dating from January of this year.

“This is a breach of trust case,” said the prosecutor. “The appellant was employed as a carer within the home of the injured party, engaged primarily to act as a carer for the injured party’s wife, who suffers from Alzheimer’s.

“Mr Campbell had been looking after his wife for some six years but had made the decision in 2012 to engage carers.”

Shortly after Ferguson began working at their home, Mr Campbell suspected money was going missing from his wallet. He informed his son, who set up a video recorder in the living room.

The video recorder captured the defendant taking money from Mr Campbell’s wallet, which had been sitting on the fireplace, as well as from his trouser pocket, which was on a chair in the living room.

Over the course of three days which were filmed, Ferguson stole £100 from Mr Campbell.

Continuing to present the details of the case, the prosecution continued: “Whilst the initial concern was that money was being stolen from the home, it became a greater concern that the appellant’s primary role was to attend for thirty minutes in the morning to allow Mrs Campbell to be showered and dressed and that on the days of these thefts less than a third of the time was spent in that capacity.

“It was not an easy decision to allow a carer into the house and then there was a breach of trust.”

The court also heard that Ferguson had a relevant history of dishonesty after she was convicted of benefit fraud over a period of two years.

“This is not the first time she has appeared before the court for charges of dishonesty,” added the Prosecution.

Defence barrister Peter Coiley said the appellant had pleaded guilty at “an early opportunity” and that she had taken steps to repay the money stolen.

“She accepts full responsibility and is disgusted at her actions,” continued Mr Coiley. “She has said that it will never happen again.”

Mr Coiley also pointed out that the amount stolen was “small” and that by pleading guilty at an early opportunity, the appellant had “saved court time.”

Urging the judge to consider suspending the prison sentence, Mr Coiley said: “Is an immediate custodial sentence necessary?

“I would implore Your Honour to make a courageous and lenient decision and allow this appeal and impose a period of custody suspended to mark the very grave nature of the offences but at the same time give a measure of leniency and demonstrate the court’s mercy.”

Mr Coiley also asked the court to consider the impact on the appellant and her family. “There has been an impact on the appellant,” he explained. “There are two sides to everything. She has lost her employment and it is extremely unlikely she will have employment within this sector again. This lady will be known far and wide as a result of these offences.”

Stating a financially driven motive for the crime, Mr Coiley continued: “She was not a lady of means and will not be a lady of means thereafter. These offences were committed at a time of financial pressure.

“This lady knows how serious these offences are. I have explained to her the view the courts take on these matters and the law books say this lady should go to prison but I ask the court not to interfere with this lady’s liberty.

“Whilst people do wrong, they can endeavour to make amends,” he concluded.

Judge Brian Sherrard told Ferguson that he had examined her record, as well as a pre-sentence report. “I am mindful that these offences involved amounts of small value, committed over a small period of time and that there was no particularly sinister motivation.

“You will get credit for pleading guilty at an early opportunity,” he continued,” although you were caught red-handed.

“There were three separate incidents of theft and that indicates that this was planned and not spontaneous. The victim was particularly vulnerable and you breached a very significant trust. You went into the Campbell’s home to assist when they needed help and instead of that you took advantage and stole from them. This not only impacts on the Campbells but on the whole community. It occurs to me you have done yourself more damage than this court could impose.”

Mr Sherrard reaffirmed the six month prison sentence imposed by the Magistrates Court, saying the case had passed the custodial threshold, However, he decided to suspend the sentence for eighteen months, meaning that if Ferguson does not commit further offences during that time she will serve no time in prison for the theft from the Campbell family.

“It is essential you keep out of trouble,” Judge Sherrard warned Ferguson.

Speaking outside the courthouse, Mr Campbell Sr and Mr Campbell Jr said they were devastated by the judges decision, which saw the woman tasked with caring for their loved one, walk out of court and away from prison.