Declaring that “talk is cheap”, a provincial court judge rejected a new plea for leniency against the former manager of an Olds Herbal Magic franchise who stole $22,000 from the owner more than eight years ago and failed to fully pay it back.
“It's a very sincere apology letter but my mother once told me that talk is cheap,” said Judge Les Grieve in questioning a joint recommendation by Crown and defence lawyers for additional leniency for Laurel Dunn. “She's had years to pay back that money.”
Dunn, 47, appeared in Didsbury provincial court on Monday (Sept. 24). She pleaded guilty on three breach of probation charges, including failing to make restitution to Janice Laslo, the former owner of the Olds franchise.
She was originally convicted of theft over $5,000 on Jan. 21, 2008. Court was told then that Dunn, who managed both the Olds and Lacombe franchises, stole $22,000 from her employer from Nov. 2, 2004 to Sept. 7, 2006. Court heard Monday that Judge Peter Barley granted Dunn leniency and handed down a conditional sentence that she make full restitution – at $300 a month - to the owner of the Herbal Magic franchises.
However, Grieve heard only about $8,000 has been paid by Dunn since the thefts commenced eight years ago.
On Monday, Crown and defence lawyers asked Grieve to give Dunn another break – a 12-month suspended sentence, with additional probation along with a curfew, counselling requirements and 40 hours of community service. There was no offer in the agreement for mandatory restitution.
“What's $300 a month? That's $10 a day,” said Grieve, noting Dunn was in a breach of trust and theft from an employer situation that regularly results in offenders being sentenced to jail. “She showed no remorse and hasn't paid it back.”
Defence lawyer Brian Forestell told court his client, a single mother, was diligent in making restitution for the first two and a half years but developed serious mental health issues that forced her to go on social assistance.
“She continued to pay as much as she could but she could not continue,” said Forestell. “She has had repeated guilt and shame and has gone to the victim to explain her circumstances.
“I agree talk is cheap,” added Forestell. “I think the mental health issues put this in a whole new light.”
But Grieve refused to put Dunn on a suspended sentence. The judge imposed a 12-month conditional sentence that included a demand that she work out a plan to pay back her former employer.
“She has to work out something with the Laslo family,” said Grieve. “This sends a terrible message to (her) child that you didn't pay back what you promised to pay back. It's not only for your conscience but to make you responsible.”
Through her lawyer, Dunn told court she would pay back the money she owes to the Laslo family.
Outside court, Irvan Laslo, the husband of the former owner of the two franchises, said Dunn's theft was partially responsible for the eventual closing of the two stores.
He said the efforts to have Dunn pay the money have been “dragging on for years” and that he personally has been to court at least 12 times in the last two years to have justice done.
“That's what has bothered me the most, the dragging on of this case,” he said, adding Dunn's restitution money was earmarked to pay for a bank loan they had to get to keep their franchises going. “We don't have any animosity towards her if she wants to honestly pay the money back.”
