An 81-year-old veteran attorney who admitted stealing more than £347 000 ($855 000) from a client is proposing to transfer a former law office building as restitution, as the court weighs sentencing.
During his trial earlier this year, after giving his defence from the dock, Hilary Jeffrey Nelson, of Bagatelle Terrace, St James, confessed to stealing from Errol Hewitt between November 13, 2018 and March 4, 2019. He was remanded to Dodds Prison pending sentencing.
Making sentencing submissions during Nelson’s reappearance in the No. 5 Supreme Court, his attorney Daquane Nedd said: “I offer to the court with the leave of my client that we are currently inquiring purchases for assets that would exceed the amount claimed, or in the alternative, could also be granted leave that the asset itself could be transferred to the virtual complainant for his own use as restitution as the most recent valuation gives the property the value of $929 000.”
Nedd identified the asset as the Tudor Street building where Nelson once operated his law practice.
Nelson had also instructed that, if possible, his bank assets, frozen after he was charged, could also be used to pay part of the restitution.
Nedd stated that aggravating factors were the quantum of funds stolen and the breach of trust between attorney and client, while mitigating factors included Nelson’s previously clean record, his guilty plea—although late in the trial—his low risk of recidivism, his expression of remorse, and his cooperation with police.
He also pointed to the convicted man’s deteriorating health, stating that a custodial sentence would further affect this.
Giving a starting point of five years, the defence attorney submitted that the sentence be reduced by two years for mitigating factors, ten per cent for his plea and time spent on remand, and that the remaining balance be suspended.
But State Counsel Maya Kellman proposed a starting point of nine years, citing the substantial sum stolen, the prolonged period over which the offence occurred, the heavy toll on the complainant and his family, the seriousness of the offence, and the breach of trust between the parties as aggravating factors.
Nelson, an attorney for some 50 years, knew the difference between right and wrong, had attempted to shift blame to a real estate agent, and, as he no longer practices, had little prospect of fully repaying the complainant, said the prosecutor.
Kellman outlined comparable cases involving local attorneys convicted of theft, including Ernest Jackman, Norman Lynch, and Vonda Pile, noting that the sum stolen by Nelson exceeded the amounts stolen in those cases and warranted a higher starting sentence.
Regarding his admission of guilt, she argued that any discount should be less than ten per cent.
Justice Pamela Beckles said: “The fact that it came right before the case we were going to put the case to the jury, some people would say that he is not entitled to any. You all are being very kind because even if it had come after the prosecution closed its case, he actually put in a defence and then it came. The only reason why I would give a percentage is that he saved me from finishing a summation because at that time I would have started it. So I will consider that.”
During the sentencing hearing, internal medicine specialist Dr Wayne Clarke told the court that Nelson has a history of medical conditions and had been admitted to the Queen Elizabeth Hospital for heart failure due to diabetes and hypertension.
The medical specialist said that this “dynamic” condition required regular medical follow-ups and access to care, adding that confinement to prison would be a stressor impacting him physiologically.
Pointing out that, in his victim impact statement, the complainant indicated that he wanted both compensation and for the convicted man to serve time, Justice Beckles advised that both sides collaborate to determine whether the proposed restitution would be accepted.
The judge said: “I think it is fair not to give a sentence at this time, but we will give sufficient time to see if restitution can be made. Mr Nelson, we are still prepared to work with you and give you time to try to make restitution to the virtual complainant. That is the best that I can do in the circumstances, because if I go ahead and sentence you now, that will be the end of it and the complainant is desirous of restitution, and you are desirous of doing that, so let’s work with that first.”
She then set sentencing for November 5.
“Thank you very much ma’am,” the convicted man said.
(JB)
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