Leading bookmaker blasted in Highland court for 'benefiting from crime'
A leading bookmaker came under fire for allowing a customer to fritter away more than £6,000 in a morning of gambling on a roulette machine and betting.
Inverness Sheriff Court heard sales assistant Richard MacPhee had responsibility for banking the takings from Crown Stores in Kingsmills Road, Inverness, when his boss was on holiday.
But instead he went into a branch of William Hills and squandered the cash.
His solicitor Chris Munro blasted the bookmakers for failing in their duty of care to one of their customers and after the case was heard at Inverness yesterday (Thursday) Jim Earley (65) the owner of Crown Stores agreed.
"They have failed in their duty of care and can be seen to be profiting from crime. They are as culpable.
"Richard abused my trust and William Hill failed in their duty of care to him. They should be held to account."
MacPhee, (39), of High Street, Clachnaharry admitted on July 11 at Crown Stores while employed as a sales assistant stealing £6,295.
Depute fiscal Kelly Mitchell told the court the shop owner was on holiday and responsibility for banking the takings from the shop was left with MacPhee.
She said he left the store with the takings and the following day at 9am entered William Hill, bookmakers and started playing roulette.
She said an employee in the bookies became aware he was spending much more than usual.
"He spent £3,000 on roulette and £3,295 at the counter.
"He went home from William Hill and told his partner he ‘had lost the lot’ - a reference to the money he had taken from his employer."
The fiscal said the next day a bag containing about £1,000 in coins but no notes was found in the footwell of the door inside the shop.
The police were then contacted.
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Ms Mitchell said it was understood MacPhee’s partner had since repaid £2,795.
"The owner of the business indicated that his business was in jeopardy and employment of staff was put at risk."
Chris Munro said £3,295 had now been repaid and it was MacPhee’s intention to repay the balance of £3,000 still owed to his former employer.
Sentence had been deferred until Thursday for background reports and Mr Munro said these painted a picture of MacPhee’s gambling problem.
He said MacPhee’s partner suffered from MS and her health had deteriorated but he was not blaming that for his actions.
"He is full of remorse and ashamed of his behaviour.
"He has excluded himself from all bookies in the town and is now attending Gamblers Anonymous to deal with his addition.
"But it is interesting in this case the attitude of William Hill.
"The complainer and owner of the store makes a valid point that as an owner of a business he has a duty of care to customers.
"Where was the duty of care from William Hill on this occasion?"
Mr Munro said the roulette machines were ‘nothing short of toxic’.
"They allow customers to put in £100 at a time.
"And you can lose £1,000 in minutes."
Mr Munro said William Hill had a system which highlights to members of staff customers who are spending more than £250 in a day.
"On the day in question MacPhee spent over £6,000 in a short space of time and a member of staff stood and watched him.
"He (the staff member) later confirmed MacPhee had never spent such a sum before.
"MacPhee does not blame William Hill but they must take responsibility.
"Mr MacPhee has not benefited. He is paying the money back while William Hill sits back and counts the money.
"They are the only ones to benefit from this crime.
"It’s not as if they weren’t aware. He was the only person in the bookies."
Mr Munro said MacPhee had no previous convictions of a similar nature.
"His partner has MS and he is his carer."
The solicitor said he was now in part time employment and intended to repay the money owed.
Sheriff Neilson told MacPhee he had pleaded guilty to a very serious offence which placed a business in jeopardy.
"Having considered your personal circumstances the public interest and the interest of the complainer could be best served by a non custodial sentence.
She ordered him to carry out 240 hours of community service and noted that he had volunteered to repay the stolen cash and she fully expected him to fulfil that.
