Fraudster appeals for ‘kids’ sake’

A WOMAN, convicted in 2010 of stealing R406 811 from her employer, said if she were sent to prison her three minor children would suffer the most.

Moshina Essop will know tomorrow (Thursday) if her plea to stay out of jail for the next five years will get a sympathetic ear from four judges in the Supreme Court of Appeal.

According to court papers, Essop pleaded guilty to 17 counts of theft in the Pietermaritzburg Magistrate’s Court and was given a 10-year sentence, half of which was suspended for five years on condition that she is not convicted of theft during the period of suspension.

She resigned from her job and confessed to the crime in June 2007 and the sentence was imposed on September 29, 2011.

The Provincial Appeal Court granted her leave to appeal to the Supreme Court of Appeal on November 3, 2014.

In the SCA appeal, her counsel submitted that the sentence was severe and had induced a sense of shock.

Breadwinner

“The applicant’s (Essop) family and her ex-husband are not willing to take care of the children,” her counsel said.

“The applicant is 37 years of age and is the sole breadwinner for her children. She is a first offender, has shown remorse and is a useful member of society.

“The magistrate failed to consider the rights of the children and the effect the incarceration of their mother would have on them.

“The theft occurred from 2005 to 2007 and since she was sentenced, five years has lapsed. There is no need to remove her from her children and society.

“A non-custodial sentence with conditions will be appropriate. Her children depend on her for all their needs. She has kept on the straight and narrow since she was sentenced.”

The State is opposing the application.

It said Essop’s ex-employer was defrauded over a period of two years, had lost more than R400 000 and that the trial court’s decision should stand.