Ex Pines manager dodges theft charges

| 15/09/2015 | 71 Comments
Cayman News Service

Sue Nicholson

(CNS): The Office of the Director of Public Prosecutions will not be pursuing charges against the former manager of the Pines Retirement Home, who is suspected of stealing over $300,000 from the old-folks’ home. Sue Nicholson was sacked in 2013 and left the country, going to the UK, before a probe into the missing cash began. Following a forensic audit by KPMG, the stolen money was replaced, with interest, by Nicholson’s ex-husband but police continued investigating the theft. Two years later, crown prosecutors have told the Pines management that they will not be pursuing Nicholson over the alleged theft.

The Pines confirmed that it has been informed by the ODPP that it had determined not to prosecute Nicholson in connection with the theft, a decision which the Pines management said was disappointing.

The RCIPS probe reportedly ended this summer, more than two years after the crime was reported, when the ODPP ruled that, because Nicholson was in the UK, she would need to be extradited. But and it was the fact that Nicholson’s husband mortgaged his home to repay the cash that had influenced the ODPP.

As public outcry mounted on social media over the decision, the police refused to comment on the situation Monday other than to note that the decision to bring criminal charges rested entirely with the ODPP, and that the RCIPS would not comment on the ODPP’s “legal conclusions or decision-making”.

CNS contacted the Director of Public Prosecutions Cheryl Richards and her deputy Patrick Moran but there was no response from them or anyone in the public prosecutor’s office, as concerns in the community were raised about the inequity of justice.

Local defence attorney Peter Polack, who has queried many of the DPP’s decisions and criticised her office’s failure to publish any policy or guidelines on its exercise of discretion, said a guide or code of conduct would go a long way to help them understand how prosecutors apply their discretion.

“The oversight of the DPP is a compelling necessity and a local body equivalent to the UK Crown Prosecution Service Inspectorate should be considered,” he told CNS.

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Comments (71)

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  1. Anonymous says:

    They’re still married. Yet another inaccurate statement from the Cayman media on this case.

    • Anonymous says:

      Not for much longer, they have been separated for 2yrs since she left and he now has a new girlfriend.

      • Anonymous says:

        Their marital status is completely irrelevant to this case.

      • Anonymous says:

        Have you seen the divorce papers? You seem to know an awful lot about their marital status.
        Their marital status has nothing to do with this case other than their marriage and family being ruined due to the case

  2. Anonymous says:

    Thats what the government gets for not entrustung these high positions to capable Caymanians, this will continue to happen..

  3. Diogenes says:

    How do you bring in the EX husband exactly? He remortgages his house to pay his ex wife’s obligations. Sounds more of a saint than an accessory.

  4. Anonymous says:

    So extradite her and have her pay for it. Her extradition, her custody, everything. In essence she fled!

    She gets charged properly. She is remanded to a custodial sentence. [If found guilty] she has a fine, on top of paying back what she stole and she pays for all the court related expenses. Simple.

  5. Anonymous says:

    The justice system only works for the wealthy, if you are poor, then you are off to jail.

    The DPP has been costing this country loads of dollars with cases that she has loss. How much more will she loose for the powers that be to “act” on it? We annihilate Cayman Airways and the turtle farm because they need “more money” always, but it would be interesting to research how much the ODPP has wasted on cases. Must be a conspiracy to bankrupt the Govt!

    Yup she allegedly stole the money, but she also ordered furniture for the pines and when it came she allegedly decided to switch it with the old furniture she had at home because it looked “so good”. C’mon “now” ex-hubby, are you admitting that you did not know the woman that you married and lived with for umpteen years. Surely there was a clue when you came home and found brand new furniture.

    Lastly, the fleecing of the pines did not happen overnight, this happened over many, many years. I hear the dribble from the current chair of the board but what happens to those that governed while all of this was going on? Only an inept board would allow this to happen under their noses.

    These people believe they are so smart

  6. Anonymous says:

    All this says is if you steal money and don’t get caught you get away with it. If you steal money, get caught and hand it back, you get away with it.

    What sort of weird kinda logic is that for law and policy makers to be setting?


  7. Knot S Smart says:

    I seem to remember some case in the past where Govt funds were misused and then supposedly paid back after it was found out – and Jurors found the person not guilty…

  8. Anonymous says:

    What examples does this set for our young Caymanians? That if you steal $300K you are likely to not serve any time in jail.

    Where is the deterrence of the law? In what other jurisdictions do you see this happening?

    Just because the money that she allegedly stole was paid back, doesn’t mean that she did not commit the crime. [If] she did it, she did so dishonestly with the intention to deprive our elderly persons at the pines. Is that why she left to go hide in the UK.

  9. Who I am. says:

    I see that this is becoming a white versus black issue in the minds of some people. The AG is a black man. The DOPP is a black woman. Right is right and wrong is wrong. It does us no good collectively to focus on the colour of one’s skin in these issues regardless of what side of the debate one is on.

  10. Sim G aka Sho G says:

    “My Skin Is My Sin”

    A similar case where a young Caymanian black man was sent to Northward for 2 years for theft of 40K where he too tried to pay back the amount yet a white woman who allegedly steals 300K is not even charged. Cayman has always been racist country thank you for the reminder.

    • Anonymous says:

      get the facts straight (reading and understanding helps) is not in the interest of the crown to extradite her at a huge cost and get send her to trial… she doesn’t live here…

      • Anonymous says:

        Revoke her Status. Charge her in absentia.The minute she lands in Cayman arrest her. Then fire those responsible in DPP office for another clustaaaahf@k in best interests of law and order

      • Anonymous says:

        Step one: send for a voluntary notice to return and be tried. If she does not comply then

        Step two: extradite her and freeze her assets to pay for the cost of the trial.

        Step three: put her through trial and charge or dismiss as necessary.

        Step four: if charged release assets only once the govt has been refunded for the expenses incurred. If not charged release her. If she did not come voluntarily then release only upon receiving a refund for charges incurred.

    • Get the facts right says:

      He “tried” or “did” pay back the money. Big difference. Also, were there extradition issues involved in his case? I think not. Cayman is one of the least racist countries in the world. You are lucky to live in it.

    • Anonymous says:

      The young Caymanian thief would not have needed extradition. Also he would remain an ongoing threat to others within Cayman absent a custodial sentence. Two clear differences from this case.

    • Anonymous says:

      No problem. I am sure you see “reminders” of racism everywhere. How is that chip on shoulder doing?

    • Anonymous says:

      Racists come in all colors. You are obviously a black one. If you can name a country where race is less of an issue than here in Cayman, please let me know.

  11. Who I am. says:

    Sue Nicholson needs to be brought back to Cayman in handcuffs and charged for her crimes and if found guilty in a court of law she needs to be imprisoned. Those in the ODPP should be charged with dereliction of duty and made to pay the consequence. These people are sabotaging the very stability of the Cayman Islands. Silence from the Governor on this is unacceptable and telling, at the very least, of complicity. This has to be a watershed moment for Cayman. This massive betrayal of the public’s trust from all involved cannot be allowed to go unaddressed. It is indicative of corruption at the highest of levels to allow this woman to escape justice. It is time for the Cayman Islands to be responsible for our own destiny if this pathetic tripe is to be continually foisted upon the people of the Cayman Islands. This malarkey cannot be allowed to continue. When people are continually faced with such a pathetic and malignantly unjustifiable justice system, it is the genesis of anarchy. This is a spit in the face to all Caymanians whether they know it or not and it is a slight to all who retain even a modicum of dignity and/or integrity regardless of wherever one is from. Purposefully or not, these people are destabilizing the Cayman Islands in it’s entirety and they have to be dealt with as such.

    • Anonymous says:

      I bet 100 dollars the Compass doesnt print this story! They are against Cayman and the Caymanian people in every way! They can talk about burglaries and homosexual inequality but when its time to name and shame a foreign national they run the other way.

  12. Ellie says:

    Everything is OK here. Rename this country to OkayMan.

  13. Malcolm KY says:

    The definition of Classism, Inequality and Bull$hit

    If Jeff Webb is charged and requested for extradition for alleged conspiracy and corruption charges with no actual allegation of theft or loss to the CIG but for someone (Sue Nicholson – White Female British National with Cayman Status) who allegedly commits Theft. Stealing public funds from the Pines…it is CONVENIENTLY not in the public interest to pursue charges.

    IF THAT DOESNT EXPLAIN HOW ACCEPTING OF INCOMPETENCE THE CIG has become… Nothing else will ever be a better example of RACISM, double standards & the plight of CAYMANIANS in the Cayman Islands.

    The DPP, Commissioner of Police, RCIPS, DPP office, the MINISTRY of HOME AFFAIRS, The Governor and the ELECTED LEADERSHIP are again failing the people of the Cayman Islands!

    • Anonymous says:

      Didn’t the FBI extradite Webb? Cayman did not extradite him. I don’t think this is a white vs black issue. More so a local vs worldwide issue.

      • Anonymous says:

        Cayman did charge Jeff and requested extradition from Switzerland (all the while knowing that there was zero chance of Cayman taking precedence over the U.S. request which came first). Clear double standard.

  14. Anonymous Says: says:

    8.20am With great concern this is so sad but the DDP office was in such a rush to bring huge numbers of people from Jamaica with provided finance for tickets hotel etc. to prosecute the case with a local Caymanian in a immigration case that’s been in our courts for a number of years I wonder and question why this case was so sensitive and prosecuted or otherwise just saying also it was said as the individual being the only local in this case the other parties absconded and not being brought back or ignored this is being monitored very closely by citizens on the outside in regards to others parties who awaits trial. Cayman high authorities needs to follow this case carefully. Also its a great concern why only locals are being sent to prison and why only one Nationalities is governed and recruited in four Government depts.In this Island is it because of cheap labor our there culture, otherwise is this a result of issues going unprosecuted in this island where is justice for our people. Quote Lawyers is not the answer as very few locally are in the legal system this country has laws but unfortunately there being persecuted by favorable persons and nationalities Caymanians needs to unite otherwise if this is wrong justice must be serve

  15. Bluff Patrol says:

    And instances like this, ladies and gentlemen, are why Cayman’s reputation in the world continues to suffer. Some points to ponder:

    1) Where does this leave all the poor elderly people that “went without” while she was living the high life until the alleged theft was discovered and funds subsequently repaid?

    2) If the alleged theft had not been discovered would the money have been repaid or would she have gotten away with her alleged crime?

    3) What message does this send about the standards of justice in the Cayman Islands?

    4) Does this encourage other white collar criminals?

    5) Will she be designated “persona non grata”?

    • At the very least charged in absentia and then made “persona non grata”!
      Possibly also; requested to return on her own volition or Cabinet should REVOKE her STATUS!

  16. Anonymous says:

    Justice has NOT been served.

  17. Anonymous says:

    This is wrong on so many levels. SHAME on the DPP!!!

  18. Anonymous says:

    What a joke!! In Cayman it’s about who you know, who knows you, and what secret “wealth-hogging” group you or your family members are a part of. DISGUSTING! How is it fair that she gets off like that when others are being tried and convicted of theft for less than that all the time!? Well, this tells me that if I ever feel the need to rob a bank…I just have to find a way to pay back what amount they “think” they lost, and catch a flight to the UK! I dare unna to come prosecute me then! SMH…. only in Cayman.

  19. Fleet Street's Finest says:

    HELLO If Jeff Webb can be charged and requests made for extradition to the FBI why shouldn’t the same apply to Sue Nicholson especially since we have positive relations with the FCO?

    I do not want to begin a discussion on race relations but the reasons and justification by the DPP and RCIPS is the usual incompetence that we have come to accept from the government. It is disgusting and speaks to the institutionalized corruption, culpability and double standards at all levels in Cayman.

  20. Sucka Free Cayman says:

    Canadians, Americans, Hondurans, Jamaican have all gone to Her Majesty’s prison here in Cayman how many Brits have you ever seen go to Prison in Cayman and ask yourself why is that? The usual formula is they are given fore warning or legal options prior to any investigation or arrest and bail after to facilitate their departure usually for the sake of avoiding any embarrassment to the UK or simply to avoid any inconvenience to the FCO. Ms Nicholson has got one of these very options of which i speak yet we brought back the UCCI former president from Switzerland no less for less money. This is a UK territory and we should remember that justice is not for all and is definitely blind when is comes to British nationals.

  21. Prove It. says:

    Like I said before, Justice, Law and Truth in Cayman is only as good as your pocket is deep. The deeper your pocket the better Justice, Law and Truth are for you.

    The DPP, Legal System, Courts and the Police are a joke here. They prosecute the poor and watch out for the rich. Plain and simple.

    What good is it then. It is a farce. It is biased.

    The Govenor and the Government DO NOT have the the brains or the courage to deal with this. They are a bunch of spineless cowards, who are only here to collect a paycheck and go home. That’s it. Simple.

    But to prove my point I’m gonna call them out on this. Either they deal with it properly or they prove my point. Simple.

  22. Pablo Cruise says:

    Caymanians can go to prison in the UK but you will never in your life time see a UK national go to prison in Cayman unless they incharge or guarding it.

  23. Anonymous says:

    The message to all of you white collar criminals out there is this: Welcome to Cayman…but don’t spend the money you are stealing in case you get caught and have to pay it back to avoid prosecution. Once you have enough or if things get hot, get out of Cayman with your cash ASAP and all will be forgiven. Cayman’s DPP will not pursue extradition as it has been deemed too expensive (and far too much work) in cases such as yours. We are a Caymankind criminal’s paradise.

  24. Anonymous says:

    Has she agreed never to work in a position she handles someone else’s money again?

  25. Anonymous says:

    If the DPP will not act then how about the Board of The Pines bringing a private prosecution under common law?

    • Anonymous says:

      She should be charged and if she doesn’t turn up for the hearing then she should be tried in absence. IF found guilty, her conviction will follow her for the rest of her days. This way, Cayman Islands will obtain at least some solace that Justice has been done.

    • Anonymous says:

      Yes because that would be a good use of charitable resources.

    • Anonymous says:

      I’m not saying I agree but I understand. The cost of extradition and prosecution vs the $300k she allegedly took is a factor. If the Pines is short $300k I doubt they want to spend more to pursue a claim. It’s sad but the upper echelon always appear to be above the law.

      • Anonymous says:

        This is where the DPP has got it terribly wrong! repayment has nothing to do with the prosecution of the offence of theft. But this particular alleged crime is compounded and aggravated by the fact that Sue allegedly stole from the elderly and the sick and from a charitable organisation funded by the public as well as the Government. If true, it was a particularly unconscionable crime, that only a sociopath could have done in the first place. I dare say that the Pines most likely hasn’t been repaid all of what was allegedly stolen but decided at this time to prosecute on the basis of the sum they disclosed, particularly as the full extent of her alleged crime was hard to quantify. They too hoped that justice would be served to make up for the longstanding breach of trust and hardship that Sue has allegedly caused for so many (including i dare say, even to her own children). The Pines and the country have been denied justice. This wasn’t an alleged crime against a person but against the whole country and that cannot be quantified. Very sad ending for everyone. without a successful prosecution there is also no means of revoking her status and she is now free to return to the Islands.

  26. Anonymous says:

    So, theft is then obviously OK in Kman? That is the message I am reading here. Unbelievable

  27. Anonymous says:

    Big shocker there

  28. Anonymous says:

    Will anyone have the testicilar fortitude to revoke her status?

  29. Anonymous says:

    A true disgrace. The repayment might be an issue for sentencing not the decision to charge.

  30. Anonymous says:

    More to this than meets the eye methinks.

  31. Duke of Westganistan says:

    The double standards within Cayman are on full display. This woman needs to be charged and extradited. Her husband who repaid monies without any admission of guilt should be charged as an accessory and as handling stolen goods. Then they should have their Caymanian Status revoked immediately.

    Madam Governor this is happening on your watch. Get your finger out lassie and start making sure your subordinates within the RCIPS and DPP are doing their jobs properly. Stop making a mockery out of our laws. Where is the accountability? All of you are taking the piss and are harming the Cayman Islands.

  32. Anonymous says:

    WOW … The DPP should be VERY ashamed of themselves. What a bunch of lazy incompetent folks!

  33. Anonymous says:

    So the poor Caymanian unemployed mother or the Jamaican woman who has no money, steals food from A supermarket (which is VERY wrong) to sustain themselves are arrested and taken to Court and imprisoned. BUT the white woman, who allegedly steals over a quarter million dollars, has the money repaid and is told that she will not be prosecuted is given a clean slate. What in the hell is the DPP thinking. The person/s who made this ruling MUST be removed without hesitation. This is a slap in the face to justice in the Cayman Islands. It is a damn shame that we have such unfairness and inequity in the DPP office.

    • Diogenes says:

      I have good news and bad. Good – they are not racist, sexist or nationalist. Plenty of black, Cayman men not being charged either. They ignore criminality without favour if it’s too difficult to deal with or the police have muffed the investigation. Bad – they are just useless.

  34. Naya Boy says:

    Caymanians just don’t get it! different strokes for different folks how much times do we have to repeat it or are you just plain stupid?

    • Credit Line says:

      Politicians also get off if they pay it back…….

      I think the rule on this is whether or not you get regular invites to cocktails at a certain beach house. If yes, you are on the elite special treatment list.

    • Anonymous says:

      Didn’t Joey Eubanks do the exact same thing when he was fired from the Turtle Farm for stealing?

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