Michael McWhinnie’s house was destroyed in a June fire shortly after McWhinnie was charged. Although the fire was unrelated, it added to McWhinnie’s stress. McWhinnie told the court: “If it wasn’t for bad luck, I wouldn’t have any luck at all.” (Richard McGuire file photo)
A retired Osoyoos school teacher accepted full responsibility for stealing more than $40,000 from a local organization where he volunteered for many years before a Penticton judge sentenced him Monday to a one-year conditional sentence to be served in the community.
Michael McWhinnie, 67, pled guilty back in March to illegally cashing 50 cheques between January and October of 2013 and misappropriating more than $41,000 from the Osoyoos Rural Fire Protection District, where he had volunteered as the organization’s secretary-treasurer on the board of directors.
McWhinnie would sign cheques to himself ranging from $500 to just over $2,000.
McWhinnie was a well-respected school teacher at Osoyoos Elementary School for more than 30 years and it was very unusual for a man of his stature and age to engage in criminal behaviour for the first time, said Justice Gregory Koturbash during Monday’s lengthy sentencing hearing.
Considering the fact McWhinnie repaid most of the missing money within weeks of being caught, his obvious remorse, lack of a criminal record and willingness to access counseling, Koturbash said a conditional sentence to be served in the community would not be unreasonable in all the circumstances.
During the first six months of his sentence, McWhinnie will be placed under house arrest and only be allowed to leave his home to work at his small business where he blows out irrigation lines and to attend counseling or medical emergencies.
During the following six months, he will be placed under a strict curfew between 7 p.m. and 6 a.m. and must access counselling deemed appropriate by his probation officer, formally apologize to the board of the rural fire district and perform 50 hours of community service.
He is also not to try and access any volunteer position where he could have access to financial records and must inform any potential employer about this criminal conviction, said Koturbash.
Following his 12-month conditional sentence, he will be on a probation order.
For the next three years, he will be banned from owning or possessing alcohol or illicit drugs and ordered not to enter any establishment that allows gambling.
Before sentence was passed, McWhinnie stood to address the court and accepted full responsibility for his actions.
“I still don’t know why I did this and if I did know, I wouldn’t have done it. It’s that simple,” he said. “I take sole responsibility and I completely apologize for what happened.”
Court heard McWhinnie suffered from a series of physical and mental health issues in the years leading to his theft of these funds.
He had battled chronic depression for many years and suffered post-traumatic stress disorder and many physical ailments following a serious motor vehicle accident in 2010.
Following his arrest on these charges, McWhinnie’s Osoyoos home was destroyed in a serious blaze last June.
Following his ruling, Koturbash told McWhinnie that he hopes this accused can turn his life around and recover from this terrible incident and lead a productive life moving forward.
“I appreciate that today has not been an easy day for you,” said the veteran judge. “But please look at today as the first day of the rest of your life. I hope you get well.”
Assistant Crown attorney Catherine Crockett told the court that other members of the board with the Osoyoos Rural Fire Protection District noticed there were discrepancies with cheques being signed by McWhinnie alone and they eventually reported this to the Osoyoos RCMP.
When McWhinnie was arrested, he immediately admitted his indiscretions and started repaying the stolen money as quickly as possible, said Crockett.
“Nothing he had done was hidden,” she said.
McWhinnie told police he had “lost control” and couldn’t remember much of what had taken place.
“It’s really not clear why Mr. McWhinnie did this,” she said.
Psychiatric testing did confirm he suffered from years of battling depression and PTSD following the car crash, she said.
Even though this case involves a serious breach of trust and a substantial amount of money, the Crown could not ask for a period of incarceration considering McWhinnie’s age and other mitigating factors, she said.
Defence lawyer Michael Welsh said it’s very rare for a man with McWhinnie’s previous stellar reputation to get involved in criminal behaviour so late in life.
“It’s just a shocking situation,” he said. “It’s shocking for the board members, but somewhat shocking to Michael McWhinnie and his wife and children.”
The stigma of being involved in such an egregious breach of trust is something his client is going to have to live with for the rest of his life, said Welsh.
It’s very fortunate that McWhinnie’s wife has remained so supportive throughout this trying ordeal with the criminal charges, especially considering things only got worst with the devastating house fire, he said.
Much of the stolen money went to support a serious gambling addiction McWhinnie developed only recently, said Welsh.
McWhinnie also developed an alcohol problem during the months leading to his arrest, he said.
Although a conditional sentence is appropriate, confining his client to endless hours alone in his residence would not serve the accused or the community at large as McWhinnie would benefit immensely from being able to continue his small business and engaging in activities he enjoys such as playing bridge and going to church, he said.
Koturbash said while he agrees this was a serious breach of trust involving the theft of a substantial amount of money, he was satisfied a conditional sentence followed by lengthy period of probation would be the appropriate sentence.
KEITH LACEY
Osoyoos Times
