Derek Newhook, former operations manager at the Newfoundland and Labrador English School Board’s depot in Burin, was handed a suspended sentence in provincial court in Grand Bank on Wednesday, Aug. 28.
In July, he was found guilty on two counts of fraud and one for breach of trust.
The fraud charges relate to a shed and trailer Newhook instructed employees at the bus depot in Burin to construct. One of the three sheds, along with a trailer, were removed from the school board’s property and stored in an equipment yard belonging to a friend of the accused, where they remained for the next two years.
According to Judge Harold Porter’s written decision, the shed and trailer were built in “surplus to the requirements of the school board.” The trailer was also equipped with a license plate registered to Newhook.
The Crown sought a jail sentence of six to nine months, while Newhook’s lawyer asked for a suspended or conditional sentence.
While Judge Porter wrote that counsel did not agree on a range of sentencing he did note that both sides did agree on and order for restitution.
“I asked why the property could not just be returned to the school board,” Judge Porter wrote of the shed and trailer, “but apparently that is not an available option due to ongoing issues between the school board and (the business owner).”
Newhook was ordered to pay restitution in the amount of $3,839, and the amount must be paid by Aug. 1, 2019.
He will also serve a one-year probation period and pay a victim surcharge of $400.
In conclusion Judge Porter wrote, “The accused was convicted of fraud by dishonest deprivation of the shed and trailer. That, and having the employees of the school board depot perform work on Walsh's pickup truck, also resulted in a conviction for breach of trust. The accused was terminated from the position, and ordered to pay an agreed amount in restitution.”
