A woman who robbed her elderly neighbour by helping herself out of her victim’s savings has had a €25,000 fine and suspended two-year jail term confirmed on appeal.

Doris Borg, a 60-year old who got by on social benefits and held no property to her name, was convicted by a Magistrates’ Court in June after being found guilty of the theft and money laundering to the detriment of the elderly widow.

The court had heard how Borg would “insist” on helping her neighbour by cooking her meals, washing her laundry and keeping her company.

But when in October 2016 the elderly woman discovered that her bank savings had plunged from around €9,000 to €8.06 in three months, a police report was filed at Ħamrun station and investigations kicked off.

Those investigations led to criminal action against Borg who was shown to have made frequent and regular use of the old woman’s cash card as though it were her own.

Not only did she make frequent withdrawals from bank ATMs but she also went on shopping sprees at various local outlets and even made a €5000 cash payment on a car purchase without explaining the source of funds.

She even used her neighbour’s credit card to furnish her car with extras, noted the court, fully confirming the reasoning of the first court that it was not true that the elderly woman had consented to such transactions.

Borg was also aware that the source of funds was illicit since the money was obtained through misappropriation and therefore the charge of money laundering was also sufficiently proved, the court found. 

Embracing the “learned review of jurisprudence on the matter” drawn up by Magistrate Donatella Frendo Dimech, the Court of Criminal Appeal, presided by Madam Justice Edwina Grima, confirmed the conviction as well as the punishment, observing that this fell well within legal parameters and tended towards the minimum.

Madam Justice Grima said that she had nothing to add to the considerations of the first court and the recommendations made to relative authorities entrusted with the care of the elderly.

This case involved an elderly and vulnerable victim who had to endure a great trauma in her final years, owing to the behaviour of the appellant who exploited her rather than safeguarded her interests, the judge said. 

Borg had produced no evidence to explain how she could lead such a lifestyle on a bare income.

Furthermore, the appeal court said, it could not exonerate Borg from the confiscation of all her assets, imposed by the first court.

However the appellant could always put forward a request before the civil courts proving that such confiscated property was not derived through money laundering activities.