Selkirk playgroup embezzler avoids jail

Fiona Hughes was told she had committed a "serious breach of trust" for stealing the money from the Argus Playgroup in the Borders town of Selkirk over a three year period.

The 50-year-old was even sent to the cells for almost an hour to allow Sheriff Linda Smith to consider her disposal in the case.

As a direct alternative she ordered Hughes to carry out 300 hours unpaid work and ordered her to stay within her home at Kaimflat Cottages, near Kelso, between the hours of 9pm and 7am.

The night time curfew was imposed by way of punishment as the court was told Hughes was unable to repay the money she embezzled from the premises at Goslawdales in Selkirk between August 2011 and November 2014.

Earlier Sheriff Smith had expressed disquiet that according to background reports Hughes felt she was not committing a criminal act and "everyone was at it."

The sheriff continued:"She has shown little contrition or acceptance that she has been involved in a serious fraud.

"She is living in a bubble and not facing up to the fact she was in a position of trust."

Her lawyer Mat Patrick argued that the playgroup was a "disfunctional organisation" where a blind eye had been turned to certain things.

He added:"That remains her position."

But Sheriff Smith replied:"She was the administrator.  She should be the one to say hang on ladies this is not right."

She concluded:"It indicates to me this is a deceitful person."

Mother-of-four Hughes had been found guilty of embezzling £19,000 from the playgroup following a two day trial last month.

After retiring to consider Mr Patrick's submissions on behalf of Hughes, the sheriff decided she was not going to impose a custodial sentence.

She said that prison was not appropriate due to the fact Hughes was a first offender and would be a vulnerable person in custody.

Sheriff Smith commented:"This was a serious breach of trust in your position as a playgroup administrator."