MOOSE JAW — Resident Desiree Marie Da Silva will spend all her weekends in jail during the next few months after admitting she defrauded her former employer for nearly $20,000.
Da Silva, 33, made her 19th appearance in Moose Jaw Provincial Court on Aug. 16 and pleaded guilty to fraud over $5,000 after taking $18,554 from Keon’s Garden Centre between May 3, 2020, and Nov. 26, 2020.
As part of a joint submission, Da Silva will spend 90 days in jail on the weekends at the White Birch Remand Centre in Regina. She must report to the centre every Friday evening and will be released at 7 a.m. every Monday.
Furthermore, her one-year probation starts immediately so her former employer can receive a separate restitution payment of $8,554. The order allows the garden centre to register legal claims against Da Silva.
Some of Da Silva’s probation terms include keeping the peace and being of good behaviour, not consuming alcohol or drugs 24 hours before attending White Birch, staying five metres away from the garden centre owners, and staying 50 metres away from Keon’s Garden Centre or the residence and/or place of education of the owners.
The Crown stayed one charge of theft over $5,000, while Judge Daryl Rayner waived the victim surcharge because Da Silva is unemployed.
The court originally set a trial for Monday, Oct. 17, to handle these issues, but Da Silva’s guilty plea eliminates that need.
Da Silva defrauded Keon’s Garden Centre by taking $6,661 via manipulating deposit records and taking $11,854 through fraudulent Interac refunds to her chequing account, said Crown prosecutor Stephen Yusuff while reading the facts.
Da Silva took a total of $18,554, although the business eventually lost $8,554 because its insurance covered $10,000.
“This has affected what the Crown is seeking in terms of restitution,” Yusuff added.
Da Silva took the money because she could not afford to pay her bills at the time, explained defence lawyer Estes Fonkalsrud. She was in a relationship then and they were incapable of addressing her debts, so she sought other means to acquire funds.
After Keon’s terminated her, Da Silva found a new job but was later fired after Keon’s contacted her new employer about the allegations, he continued.
“The complainants have been reaching out to the community with what she has done. And she has lost her employment due to the alleged allegations,” Fonkalsrud stated.
One reason the woman’s case was adjourned 18 times is because of technical issues deciding whether she had conducted fraud or theft, he continued. If the court convicted her of theft, she could have received a conditional sentence — house arrest. But, if she were convicted of fraud, she would not have been eligible for that term.
Authorities also had to determine how much Da Silva took because she did not deposit all the money while at the garden centre, he added.
Judge Rayner told Da Silva that the crime to which she pleaded guilty was severe.
“This is serious because you breached the trust of the owner of the business,” he said. “Store owners require their employees to be honest and you broke that trust. It’s perfectly acceptable to send you to jail for this.”
The judge pointed out that the business’ insurer showed compassion to Da Silva because it did not seek restitution for the $10,000 that it reimbursed the garden centre.
“Why should the insurance company be out for what you did? It is because we don’t want to overwhelm you having to pay back (a large amount while unemployed) … ,” added Rayner. “You committed a significant breach of trust here that oftentimes they give nine months to a year.”
“I’m guilty, I understand, and I need to get a job and get on with my life,” Da Silva said, adding she wanted the court to order her former employer to stop harassing her. “They called my parents at their home … . I’m not able to go to the grocery store (because of the attacks).”
Fonkalsrud can help Da Silva deal with any harassment from her former employer, including involving the police, Judge Rayner said. Although convicted, she has rights as she attempts to rebuild her life and repay her debts.
With files from the MJ Independent.
