A senior counsel’s former employee who admitted stealing jewellery worth nearly $45 000 from her boss has received a suspended prison sentence and been ordered to pay $10 000 in compensation.
Rotchell Rivera Kellman of Chance Hall, St Lucy, had confessed that between August 1, 2014 and October 31, 2014, she stole three pendants valued at $6 100, two chains valued at $1 500, six rings valued at $20 000, three bracelets valued at $5 720, a bangle valued at $4 000, one piece of gold valued $350 and fifteen earrings valued $6 760, with a total value of $44,470, belonging to former senator Monique Taitt SC.
Taitt hired Kellman in August 2014, and there was a breakdown in trust, leading to her being dismissed shortly after, the court heard. Taitt later discovered in December that year that her jewellery and other items were missing. She reported the incident to the police and investigations led to a business that accepted gold for cash. Four transaction receipts were presented bearing Kellman’s ID and signature.
During the execution of a warrant at Kellman’s house, a bangle, a pendant and a bracelet were recovered, and she confessed to taking the jewellery and selling them. During her interview, Kellman said that she stole and pawned the items as she was experiencing financial difficulties providing for her children and paying her rent.
She apologised for her actions telling Taitt: “I am very sorry for intruding in your house and taking your property. I am very, very sorry. I should not have done it because you tried to help me. I hope you can find it in your heart to forgive me.”
Justice Laurie-Ann Smith-Bovell found the breach of trust, the violation of the sanctity of a home, premeditation of the act, the sentimental and high monetary value of the jewellery, and that the offence was committed for financial gain aggravating. Mitigating factors included that a few of the pieces were recovered.
A six-year starting sentence was given and Kellman was left with two years and 121 days to serve, after several deductions were made for her guilty plea, delay and mitigating factors including her previously clean record, expression of remorse and that she appeared to be motivated “out of desperate circumstances”.
Speaking on the rehabilitation aspect of sentencing, the judge highlighted that Kellman has not reoffended, was deemed at low risk of recidivism and reports indicated that the offence was “out of character”.
Justice Smith-Bovell suspended the sentence for three years.
She said: “The court heard from the virtual complainant in this matter, and it is clear from her evidence that she is still hurt and aggrieved that the sanctity of her home was breached. She spoke of the feeling of betrayal as she helped the now convicted woman who was in a dire financial situation. She also spoke to the sentimentality of the jewelry and the irreplaceable aspect of the jewelry that was stolen.
“The court cannot order the now-convicted woman to compensate for the replacement of the jewelry as clearly stated by the complainant, ‘It is irreplaceable and priceless’ but the court is of the view that the virtual complainant should receive compensation for the loss she suffered in terms of actual jewelry and the emotional injury suffered as a result of these thefts.”
Kellman was ordered to pay the full $10 000 immediately or serve two years, 121 days.
In addition, the convicted woman was warned that if she was convicted of an offence in the next three years, the suspended sentence would be activated.
The case was prosecuted by Senior State Counsel Paul Prescod, while Kellman was represented by attorney Shamar Bovell.
