Former nurse Marvel Jr Benjamin Clavecilla has been convicted on 32 counts of theft referring to bank cards.
A Blenheim nurse who stole a bank card from a useless affected person and went on to make use of it 19 occasions has been convicted regardless of an try to get off.
Marvel Jr Benjamin Clavecilla was a nurse at Wairau Hospital when he took the bank card from a 90-year-old, Doris Follows, after she died on March 29.
He spent $773.38 on the cardboard over eight days, which included 12 journeys to Countdown, spending at a Z service station, Pak ’n Save Blenheim, a Unichem Pharmacy, and on Vodafone credit score.
The 46-year-old nurse, who has since resigned, additionally stole a bank card from an 88-year-old girl, who spent three nights in hospital in May.
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The day after she was admitted, Clavecilla was recorded filling up his automotive with gasoline and shopping for a packet of cigarettes with the cardboard at one other service station, utilizing his loyalty card to get a reduction.
He used the cardboard at three quick meals eating places, two department shops, two supermarkets, a service station, a restaurant and a dairy over six days, spending $431.04.
Police charged Clavecilla with 19 counts of theft referring to the primary sufferer’s bank card expenditure, and 13 referring to the second affected person. He admitted the costs on the Blenheim District Courtroom in July.
On Monday, the court docket heard Clavecilla moved to New Zealand from the Philippines eight years in the past, adopted by his household 4 years later. He had been a nurse for 13 years.
His lawyer Phil Watson utilized for a discharge with out conviction, saying Clavecilla had by no means been earlier than the court docket, and had acted beneath “extreme financial pressure” on this occasion.
“He just wasn’t thinking straight,” Watson mentioned.
The court docket heard Clavecilla’s spouse ran two companies within the Philippines, which had been dropped at an abrupt halt by Covid-19, leaving him because the household’s sole revenue earner.
In accordance with an affidavit supplied to the court docket, the offending was “a desperate, but ill-conceived attempt to save face”.
Watson mentioned Clavecilla was extraordinarily remorseful and had paid some reparation. He had met with the 88-year-old sufferer and her son for restorative justice, they usually supported his software for a discharge with out conviction.
Nevertheless, each the police and Follows’ household opposed the discharge with out conviction.
Whereas a conviction wouldn’t instantly influence his profession as a nurse, it might pose “hurdles” for him transferring ahead, Watson mentioned.
As a New Zealand resident wanting in direction of everlasting residency, he was additionally involved concerning the influence of a conviction on future functions.
Decide Richard Russell balanced the seriousness of the theft in opposition to the implications Clavecilla would face if convicted, and determined he couldn’t let him go with no conviction.
He mentioned the annoying components, or these which made the offending worse, included a breach of belief.
He mentioned the victims have been susceptible, in that they have been “elderly, frail and unwell”.
“One of them died a couple of days after being admitted … you would have known this, but you used her cards in the following days regardless.”
He mentioned it was not “spur of the moment” offending, as each bouts occurred over “a number of days”.
Decide Russell mentioned a conviction would pose no consequence to his registration as a nurse, which might be within the fingers of the nursing council, and the court docket shouldn’t “defend’ them from being conscious of the offending.
Clavecilla was convicted of 32 counts of theft referring to bank card expenditure and was remanded to October 19 for sentencing.