HIS boss considered him a “son” and placed him in a position of trust. But that didn’t stop a Pietermaritzburg man from stealing nearly R700 000 from the company.
Harold John Pillay, 49, was sentenced to 5 years in jail at the Durban Specialised Commercial Crimes Court this week for theft.
In handing the sentence, magistrate Christina Mazibuko admonished Pillay for his deliberate attempts to “dodge” justice and his “premeditated” acts of theft..
Magistrate Mazibuko said she counted 50 adjournments in Pillay’s matter, some of which were due to him being ill and a dozen changes of lawyers.
“You hired top lawyers to assist you. Why were you changing them and dodging?
“Only God knows!,” Mazibuko reasoned.
Pillay worked for Pietermaritzburg law firm, Sangham Incorporated, which was headed by attorney Narendra Sangham, who was also the complainant in the matter.
As an administrative assistant, Pillay’s duties included banking.
Instead of banking the law firm’s funds according to the deposit slips prepared for him, Pillay, on numerous occasions, between March 2007 and September 2008, prepared new deposit slips at the bank, minus the cash he removed.
Pillay was arrested in October 2008, granted bail, pleaded not guilty to the charges he faced when his trial began in July 2017, and was convicted in August this year.
It emerged that he used some of his ill gotten gains to buy a new car and soup-up his other vehicle.
During his testimony previously, Sangham said Pillay plundered over R660 000, which caused him immense pain and financial suffering. He paid for a forensic audit when the theft was discovered.
Sangham also borrowed funds from members of his family to cover the stolen trust money.
“Those were difficult times. I had to find money immediately to pay for a special audit. The person who suffered the loss was me as he (Pillay) dragged this matter since 2008.”
Sangham said Pillay’s role was “merely (being) the courier making the bank deposit”.
“I noticed the irregularities on my account and immediately brought in an investigator who discovered he (Pillay) was responsible.
When I confronted him about it, he ran out of the office and never ever came back.”
Sangham reported the matter to the Legal Practice Council, a special audit was undertaken, and he became responsible for the shortfall.
“I trusted him and treated him like a son. He betrayed me and that was hurtful,” said Sangham, who has been in legal practice for more than 40 years.
He appreciated the “excellent” work done by senior State advocate Ranjini Govender, who prosecuted the matter from the outset and resulted in a custodial sentence
“Justice has been served in spite of him trying to prolong the matter. I have moved on and my practice has grown, he said.
In mitigation of sentencing, Pillay’s attorney, Ray Maharaj, got him to testify.
Pillay said he supported his stay-at-home wife, who also cared for their young grandchild during the day. He had a range of health issues, was very involved in church work and was prepared to pay monthly compensation to Sangham.
In appealing for correctional supervision as the appropriate sentence, Maharaj emphasised that Pillay’s imprisonment would take “food from the mouths of two people”.
“He has suffered the embarrassment of being arrested, imprisoned and now has a criminal record that will follow him for the rest of his life,” Maharaj.
Pillay said he suffered for 15 years, had to pay legal fees and insisted he didn’t steal the money.
Govender’s response was: “You bit the hand that fed you, now you want the court to feel sorry for you.”
About Pillay being the breadwinner in his home, his community work and denial of the offences, Govender said: “When you were stealing the money did you consider your wife and now you are using your grandchild to keep you out of prison.
“You are still not remorseful. Now that your back is against the wall you are making a proposal for repayment. Why did you not do it for 15 years?”
Govender said Pillay purchased a vehicle and modified his other vehicle with the money he stole .
“This shows your brazen greediness to show-off. You did not use the money to buy food for your family.”
Mazibuko also noticed that in spite of already being convicted Pillay still maintained his innocence.
“You have yourself to blame and nobody else,” she said.
SUNDAY TRIBUNE