Not a cent to be recovered from farm manager who stole R14m from his boss

There is not a single cent to be recouped from a Gqebhera farmworker who stole R14m from his sickly boss and his family over two years.

Speaking to TimesLIVE Premium, Capt Yolisa Mgolodela said there was nothing for the Asset Forfeiture Unit to pursue because the convicted thief, Harold Henry, had blown the money — mostly on gambling.

The court is justified in imposing a severe sentence for a white-collar crime

—  Magistrate Lionel Lindoor

Henry, a 47-year-old father of three, was on Wednesday slapped with a 17-year sentence without an option of a fine. This was higher than the prescribed 15-year sentence for such a conviction.

Henry had pleaded guilty to the theft charge.

HeraldIVE reported on the scathing judgment delivered by magistrate Lionel Lindoor in the Gqeberha commercial crimes court.

Lindoor said it brought him no joy to sentence Henry, but after carefully considering all the factors of the case as well as Henry’s personal circumstances, he could find no reason not to send the Kirkwood family man directly to jail.

“The court is justified in imposing a severe sentence for a white-collar crime,” Lindoor said. “The evidence against [Henry] was so overwhelming there was not much choice but for you to plead guilty.

“[Henry] is one of those people who should be removed from society. Given the aggravating circumstances in this case, more than 15 years is appropriate.”

Considering mitigating factors in the case, including that Henry had been diagnosed with a gambling addiction as cited by psychologist Iain Reid, Lindoor said it was unfortunate that Henry had still not sought treatment.

“A gambling addiction does not qualify as a substantial or exceptional circumstance. You literally bit the hand that fed you,” Lindoor said.

He found that Henry’s modus operandi required great skill to go undetected for more than two-and-a-half years.

“There was ample time to stop, but you chose not to,” Lindoor said.

Henry pleaded guilty to stealing more than R14m from the Strathmore Farm Trust and its beneficiaries, Suenay and Digby Whyte, between March 2019 and December 8 2021, while employed as an office administrator and bookkeeper.

Not only did he steal money from the family trust, but he also pocketed money from an insurance policy payout when his employer was diagnosed with cancer

Initially appointed to assist Suenay, Henry took over her duties completely which included paying all creditors and employees of the trust, balancing books via the Pastel accounting system and paying wages through the Oranjelone Wage programme.

Henry also had full access to the online banking system and had the username and password to the trust’s bank account.

He admitted electronically transferring money from the trust account to his own with the payment beneficiaries reflected as known creditors.

Henry further admitted to abusing an arrangement the trust had with a local business in Kirkwood, Siyanceda CC, previously operating as CJ & K Geyer, to pay out weekly cash wages on their behalf to casual workers and employees who did not have bank accounts.

Not only did he steal money from the family trust, but he also pocketed money from an insurance policy payout when his employer was diagnosed with cancer. 

The fraudulent activities were uncovered when the creditors and employees reported nonpayment. The resulting internal auditing processes unearthed fictitious invoices, said police.

Henry made attempts to destroy evidence by interfering with computer data programming and the storage system to avoid prosecution.

At the time that it was confirmed Henry had been stealing, the Whytes were left with only a few thousand in their bank account and owed millions to creditors, Sars, the Competition Commission and others.

The Whytes, who farmed citrus in the Kirkwood/Addo area, had to rely on family to get by and even received a warrant to sell an overseas property, in Australia's island state Tasmania, because of outstanding rates and taxes due to Henry’s thieving.

Speaking after the sentence was handed down, Suenay said she felt a sense of relief that the matter was over.

“We are so happy. I am happy that justice has finally been served. I am glad we can now move on and close this chapter,” she said.

Digby said he was extremely happy with the outcome as he had only expected a 15-year sentence.

Henry had been out on bail until Wednesday after his sentencing. 

— Additional reporting by TimesLIVE