Car park manager who stole £30,000 from Belfast shopping centre parking machines will not have to pay money back
A car park manager who stole nearly £30,000 to fund a gambling addiction will not have to repay his former employers, the Court of Appeal has ruled.
Senior judges quashed the compensation order made against James Smythe, 43, because he is financially unable to make the reimbursement.
Smythe, of Ardmore Gardens in Bangor, took the money over a four-month period in 2017 while working in a car park at the Victoria Square shopping centre in Belfast.
The theft involved keeping cash from payment booth machines instead of banking it.
When an area manager realised money was missing Smythe initially claimed there had been a delay in making lodgments, but subsequently came clean.
The court heard he co-operated fully with police, telling them how he stole due to his gambling addiction.
He started borrowing small amounts after earning a promotion and becoming familiar with the financial system.
But eventually the sums being taken became bigger.
He pleaded guilty to stealing £29,146.10 belonging to Q-Park Ltd between January 15 and May 20, 2017.
Earlier this year a judge at Belfast Crown Court imposed 100 hours community service and two years probation.
Smythe was also told to pay back the stolen money in full.
With £3,000 said to have been repaid at the time of sentencing, an appeal was mounted against the outstanding compensation order.
Smythe’s gambling has had a “catastrophic” impact on his life, the court was told.
His legal team of solicitor Mark Austin and barrister Tom McCreanor set out how he also has other outstanding loans.
The law on compensation orders includes establishing the chances of an offender being able to pay the required sum, rather than encouraging any return to crime to raise the cash.
Defendants’ families should not have to pay for their misdemeanours either.
Ruling on Smythe’s appeal, Lord Chief Justice Sir Declan Morgan said: “The amount of money available for payment of compensation seems very modest indeed, to the point that it’s effectively vanishing.”
He confirmed: “This man is not in a position to make compensation payments... for the foreseeable future.
“The appropriate outcome is to dispense (with) and quash the compensation order.”