A heartless hospital worker who stole hundreds of pounds from an elderly patient as he lay sick in bed has avoided a prison sentence.
Occupational therapist Ismael Lavares pocketed the 70-year-old patient’s belongings, including his bank card, then went downstairs to an ATM inside Aberdeen Royal Infirmary and took out £500 in cash.
Lavares’ crimes didn’t stop there – the day after he stole from the man he also withdrew £60 cash from an ATM in Aberdeen city centre.
When the thefts were discovered the dad-of-two was immediately fired by ARI bosses.
Representing himself in court, Lavares was given the chance to speak on his own behalf but made no apology to his victim.
He said he wanted to “get back on his feet” but no employer would give him a job when they found out about his crimes.
Aberdeen Sheriff Court’s social work department later allowed Lavares to flee the building from a side door in order to avoid press photographers.
Accused told cops it was ‘coincidence’
Fiscal depute Jeniffer Pritchard told the court that on May 9 2020 a 70-year-old patient was admitted to ARI after he had collapsed.
“The patient was assessed by the accused who was an occupational therapist,” she said.
“During this, the patient’s personal possessions were placed in a cupboard near his bed – these included his bank cards, £15 in cash and a piece of paper with his PIN number written on it.
“On May 11, the patient noticed that the contents of his wallet were missing, including cash and cards.
“He asked a nurse to contact the police and he also contacted Nationwide Bank, who informed him that there had been three transactions on his card.”
The court heard that after taking the bank cards, Lavares went immediately downstairs to the cash machine at the Marks and Spencer store and withdrew £500.
The following day, he used a different bank card to remove a further £60 from the patient’s account.
Ms Pritchard said that Lavares was spotted withdrawing cash at the ATM within ARI at the time the transactions were made.
When arrested and interviewed by police, Lavares denied using the cards but admitted he had been at the ATM at that time, telling police it was “a coincidence”.
Lavares pleaded guilty to stealing a quantity of bank cards, a wallet, cash and paper.
He also admitted two charges of fraud by withdrawing cash from the man’s bank account at two ATMs in Aberdeen.
‘You are the author of your own misfortune’
Laveres, who represented himself, told the court that “he wished to finish this and just get on with his life”.
He said he was finding it difficult to get work because every time a disclosure check is carried out by an employer the incident is flagged up.
“I just want to get back on my feet,” he said.
Sheriff Eric Brown told Lavares: “This happened to a patient who was then under your care.
“That in itself was a gross breach of trust, not only to the patient but to the hospital authorities and also to your family.
“It is not for me to speculate why you committed this theft and the two subsequent frauds, but it would be fair to say you are the author of your own misfortune.”
As an alternative to a prison sentence, Sheriff Brown sentenced Lavares, of Market Stance, Aberdeen, to a community payback order with 12 months of supervision.
He also ordered him to carry out 160 hours of unpaid work.
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